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Posts in Employment and Labor.
Image related to Texas Federal Court Issues Last-Minute Injunction, Blocks Changes to Overtime Rules

Just eight days before the Dec. 1, 2016, effective date, the United States District Court for the Eastern District of Texas entered a nationwide injunction prohibiting the U.S. Department of Labor from enforcing the recent regulatory changes issued pursuant to the Fair Labor Standards Act (FLSA). The DOL had previously published a proposed Notice of Rulemaking and, thereafter, a Final Rule which, as of Dec. 1, would have raised the minimum salary level for exempt employees from $455 per week ($23,660 annually) to $913 per week ($47,476 annually).  In addition, the Final Rule would have established an automatic updating mechanism that would have adjusted the minimum salary level every three years; the first automatic increase was scheduled to occur on Jan. 1, 2020.

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As we explained in our March 24, 2016 alert, on March 23, 2016, the Department of Labor (“DOL”) finalized its “persuader” rule, which would have required that employers and legal consultants report all pay arrangements regarding attempts to persuade employees, either directly or indirectly, about their right to union representation or to bargain collectively. 

The rule significantly narrowed the “advice exception” to the DOL reporting requirements, which had long held that activity relating to an attorney’s drafting of letters, speeches or other communications to employees or an attorney’s legal review of employer communications was exempt from reporting. Under the new rule, any actions, conduct, or communications on behalf of an employer that could directly or indirectly persuade workers concerning their rights to organize and bargaining collectively would have been required to be reported by employers and the attorneys providing the advice.

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Miller Canfield’s nationally ranked Employment and Labor Group has again teamed up with the Michigan Chamber of Commerce to publish the “2016 Employment Law Handbooks,” an annual update of employment laws for employers of all sizes. The three-volume set of handbooks includes: Hiring & Firing, Compensation & Benefits and Employer & Employee Protections.

“In 2015, the U.S. Supreme Court was very active, releasing six decisions that had a major impact on employers,” said Employment and Labor Group co-leader Christopher Trebilcock. “These handbooks help employers sort out if, and how theses opinions impact their workforces, and how to navigate issues such as discrimination, the Affordable Care Act, class action suits and retiree benefits.”

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