Monthly Archives: November 2016

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here.  Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations Act and its unfair labor practice prohibition.  Recent NLRB activity concerning confidentiality provisions in hedge fund Bridgewater Associates’ standard employment contract underscores…

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News Update: Texas Judge Enjoins Enforcement of U.S. DOL’s Overtime Rule Set to Take Effect on Dec. 1

Judge Amos Mazzant, the President Obama-appointed federal judge sitting in the U.S. District Court for the Eastern District of Texas, issued a decision on November 22, 2016, granting an emergency injunction against the United States Labor Department’s overtime rule.  The rule, previously set to take effect Dec. 1, doubles (to $47,476) the salary threshold for…

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Importance of Establishing An Employee’s Regular Rate of Pay

Overtime pay is calculated at a rate of one and one-half times a non-exempt employee’s regular rate, a well-known formula which obviously depends on establishing the employee’s regular rate of pay. This should ordinarily be simple, since the pay of  a non-exempt employee is usually stated in terms of an hourly rate of pay, and…

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Firing Employees For Private Facebook Posts: Employers Should Proceed With Caution

The recent filing of a lawsuit by a former television anchor against her former employer has magnified the need for employers to have a sound and meaningful social media policy. Former Pittsburgh, Pennsylvania news anchor, Wendy Bell, was fired after she made a post on her personal Facebook page about the murder of six people…

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Recordkeeping and the New Federal Overtime Rules

Under the new federal overtime rules effective December 1 (the “Final Rule”), a salaried worker must earn at least $913 per week ($47,476 for a full-year worker) in order to be exempt from overtime pay, up from the current minimum of $455 per week ($23,660 for a full-year worker).  Employees who become newly eligible for…

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