President Obama proposes new FLSA Overtime regulation raising floor to $50,440

Less Employment

President Obama, in an Op-Ed column in the Huffington Post, is proposing to raise the existing $23,660 threshold for which eligible employees are automatically entitled to overtime to $50,440. Concerning this increase, the President wrote: “We’ve got to keep making sure hard work is rewarded. Right now, too many Americans are working long days forRead More

SCOTUS in 5-4 decision finds same sex marriage constitutional

Gay Marriage Icon

In a 5-4 decision written by Justice Kennedy, with 4 separate dissents, the US Supreme Court holds that the 14th Amendment requires all 50 states to recognize Same Sex Marriage (SSM).  Some of the more pertinent quotes and ideas from the Majority Opinion: “It is now clear that the challenged laws burden the liberty ofRead More

Alabama’s New and Improved Non-Compete Statute


On June 11, 2015, Governor Bentley signed into law legislation repealing the 1975 version of Alabama Code Section 8-1-1, “Contracts restraining business void; exceptions”, replacing it with a new Section 8-1-1.  The effective date of this new law is January 1, 2016, only 6 months away. The new law has several significant changes.  Section 8-1-1Read More

“The Times, They Are A-Changin,” Caitlyn Jenner, OSHA and more


Article by Daniel J. Burnick In Bob Dylan’s song, “The Times They Are A-Changin,” he sang: Come senators, congressmen Please heed the call Don’t stand in the doorway Don’t block up the hall For he that gets hurt Will be he who has stalled There’s a battle outside And it is ragin’ It’ll soon shakeRead More

Money money money: Litigating employment disputes is expensive

Money In Law

Over the years, I have been involved in numerous lawsuits resulting from employment disputes, be they allegations relating to pregnancy discrimination, Title VII, ADA and FMLA.  I have spoken and written that litigation can be very expensive.  Recently, the Dothan Eagle reported that City Commissioners in Dothan, Alabama, were “frustrated” by high legal expenses inRead More

Jail time for restaurant owners hiring undocumented aliens and violating FLSA

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Although unusual, it does happen.  In Akron, Ohio, the owner of a restaurant and his wife were convicted and sentenced to jail time for hiring undocumented workers, paying them less than minimum wage and failing to pay them overtime. The allegations also including paying workers in cash, not placing them on payroll records, leasing housingRead More

New overtime regulations coming soon: Another nightmare for employers

Objects - Time And Money

Last year, President Obama ordered the Department of Labor (DOL) to “update” and “simplify” the existing regulations governing overtime and the classification of exempt and non-exempt employees.  Recently, Secretary of Labor Thomas Perez published a blog post stating, in part, “We’ve worked diligently over the last year to develop a proposed rule that answers theRead More