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Employers Be Aware: The Minimum Salary Payable to Exempt Employees Will Increase Effective on December 1, 2016 By Thomas H. Reilly

Last May, President Obama announced the Department of Labor’s new “white collar” overtime regulations, frequently referred to as the “Final Rule,” which are applicable to all employers subject to the Fair Labor Standards Act (“FLSA”). Because the threshold for FLSA coverage is quite low, the Final Rule will affect most California employers. Accordingly, before December 1, 2016, California employers subject to the FLSA must review their white collar exemptions and ensure that salaries paid to white collar employees remain compliant.

October 3, 2016


Fed OSHA Issues Final Rule Protecting Workers from Crystalline Silica Exposure By Thomas H. Reilly, Michael J. Studenka

On March 25, 2016, the U.S. Department of Labor, Occupational Safety and Health Administration (Fed OSHA), issued its long-awaited final rule on “Occupational Exposure to Respirable Crystalline Silica,” 29 CFR sections 1910, 1915 and 1926. The new regulations, which go into effect within the next 90 days, significantly reduce the permissible amount of silica dust that workers may be exposed to, and require employers to implement controls and practices that reduce silica exposure.

March 29, 2016


Employee vs. Independent Contractor Status: A Critical Decision for California Employers By Thomas H. Reilly

The days are over when employers could use the independent contractor classification
indiscriminately as a “catch all” for agents who do not fit within existing job
classifications. Independent contractor classifications are scrutinized carefully by
plaintiff’s attorneys and by state and federal regulators. The author of this article
provides a brief history of the independent contractor classification, reviews the factors
courts consider when determining independent contractor status, and explains
the potential warning signs of misclassification.

June 4, 2015


Misclassifications of Non-Exempt Employees and Some Ways to Avoid Them By Thomas H. Reilly

Misclassification of non-exempt employees continues to be a vexing problem for many employers, especially in California. In some cases, misclassifications result from ignorance of the law, such as an assumption that paying an employee a salary is, by itself, sufficient to exempt the employee from entitlement to receive overtime premiums. In other cases, misclassifications result from subtle legal distinctions, such as the Fair Labor Standards Act’s limitation of the inside sales exemption to employers who meet the esoteric requirements of a traditional retail sales or service establishment.

April 30, 2015


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