New Overtime Rules Placed on Hold
Bob Dunlevey of Taft, Stettinius & Hollister, LLP

On November 22, a federal Judge in Texas enjoined the U.S. Department of Labor from implementing its new overtime rules throughout the U.S. – regulations which were to become effective December 1. The new overtime rules made approximately 4.2 million more workers subject to overtime compensation by stripping them of their exemptions. This is a preliminary injunction only and the final ruling will come in the months to come. In the meantime, employers need not comply with these new rules which require employees to receive at least $47,476 per year to enjoy the overtime exemption. Employers may wish to put on hold any salary increases given to employees in order to satisfy the higher salary test.

       The Judge ruled that the DOL's promulgation of these regulations exceeded its authority. The Court appeared to say that the focus as to whether an employee is exempted should not be on the amount of salary earned, but instead the actual duties performed. But, for many years, a salary threshold requirement has existed but only required an annual salary of $23,660.

       The DOL stated "We strongly disagree with the decision by the Court, which has the effect of delaying a fair day's pay for a long day's work for millions of hardworking Americans." Of course, these new regulations continue to be extremely controversial and the 21 states and various trade associations including the U.S. Chamber of Commerce appear to have great resolve in stopping these new regulations from being implemented. This case needs to be carefully watched because it also sets the tone for further attacks on other rules and regulations promulgated by other agencies during President Obama's term.

       Based on this federal Court case, employers need not comply with the new overtime regulations on December 1 but should remain prepared to do so in the event the decision of the federal Judge is modified or overturned. Most importantly, in the last several months, I have met with numerous employers in order to ensure compliance with the new regulations. This exercise confirmed that many employers had misclassified employees as exempt under the previous regulations. These employers should not delay in reclassifying those employees previously misclassified. Remember, it is estimated that 70% of employers are in violation of federal wage-hour laws. Audit your wage-hour practices today!

      For additional information, utilize your Legal Services Plan.  Contact attorney Bob Dunlevey, OSBA Board Certified Labor and Employment Attorney at (937) 641-1743

Bob Dunlevey - General Counsel
Taft, Stettinius & Hollister, LLP
40 North Main Street
Suite 1700
Dayton, OH  45423-1029
PH: (937) 641-1743
FX: (937) 228-2816

New OSHA Confined Space Standard for the Construction Industry
By: Gary W. Auman

Construction Confined Space Standard – This standard has been in the works for several years. The standard was finally published as a final rule on May 4, 2015 with an effective date of August 3, 2015. Recently OSHA issued a stay of enforcement until October 2, 2015. During this period OSHA will not issue citations to employers making a good faith effort to comply with the new standard as long as the employer is in compliance with the training requirements for a competent person under Section 1926.21(b)(6)(i) or those found in Section 1926.1207. During this 60-day period employers not in compliance with either of these standards may be cited for a violation os Section 1926.1207(a). While this rule is being touted as very similar to the General Industry Confined Space Standard, it does contain some nuances that are unique to it and to the construction industry. [See More]

The Bureau of Workers’ Compensation offers a number of programs that allow employers to receive discounts on their workers’ compensation premiums. Hunter Consulting Company can assist employers in choosing the most cost effective program for their company and then continue service by assisting the employer in meeting all program deadlines and requirements.
[See Details]

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New Overtime Rules Placed on Hold


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