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McBrayer Blogs

Showing 2 posts from April 2016.

New Overtime Rules May Be Here Sooner than Expected

The timeline for adoption of the Final Rule of proposed changes to the white collar overtime exemption has been hard to pin down. In early November of 2015, Solicitor of Labor M. Patricia Smith, during a panel discussion at the American Bar Association’s Labor and Employment Law Conference in Philadelphia, mentioned that the proposed changes would not be issued until late 2016, leading many to believe that they would not take effect until 2017. Later that month, the Department of Labor (“DOL”) Wage and Hour Division estimated that the rule would be published in July 2016, not quite as late as earlier implied. Then, Labor Secretary Thomas Perez stated in December in an interview with Bloomberg BNA that it seemed likely to him that the new rule would be out by spring of 2016. In February of 2016, Smith reiterated the Wage and Hour Division’s projected timeline of a July 2016 publication with an effective date 60 days later. On March 14th, 2016, the Department of Labor made the surprising move of sending its overtime rule to the White House Office of Management and Budget (“OMB”), which means that all bets are off and the rule may here sooner than predicted. More >

EEOC Not Feeling So Well After Loss over Wellness Program

In prior blogs, I discussed pending cases that the Equal Employment Opportunity Commission (“EEOC”) was bringing against wellness programs in the interim before clear guidance was given by the agency on how to craft these programs. Wellness programs, expanded and encouraged under the Patient Protection and Affordable Care Act (“ACA”), run the risk of triggering provisions of federal antidiscrimination laws, such as the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”), according to the EEOC. EEOC brought several high-profile cases against employers in the enactment of their wellness programs, highlighting the bounds of what they view as accepted policy in employer wellness programs. In what is a sure to be a setback for the EEOC, however, it recently lost one of those cases at the trial level. More >

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