December 1st, 2016
A recent federal court ruling has put anticipated changes to federal overtime rules on hold indefinitely. The amendments to the rule, which were due to take effect today, December 1, 2016, would broaden the class of employees eligible for overtime pay. Among other things, the changes were set to increase the minimum salary necessary for an employee to qualify for exemption from overtime as a white collar worker, and to implement automatic increases in this salary threshold every three years.
Although the ruling originated from a federal court in Texas, the decision has nationwide effect. The Department of Labor has been enjoined from implementing and enforcing the rule changes nationally until further notice. Employers throughout the United States who have been preparing to reclassify members of their workforce in response to the rule changes can, for the moment, put these plans on hold. However, employers who have determined that certain positions must be reclassified for reasons not affected by the court’s ruling (for example, the position duties do not fall within any of the white collar exemptions), should consider the risks of not reclassifying those jobs.
What comes next remains to be seen; the court’s ruling is preliminary and subject to additional litigation and appeals before it could become final. The rule changes could also be thwarted by political opposition from the incoming presidential administration and new session of Congress. The recent decision offers no guidance about whether the rule changes, if eventually implemented, would be retroactive in nature. Employers should be on the lookout for updates on this subject. They should be prepared to reclassify members of their workforce as necessary under the rule amendments if they ultimately take effect.
Archstone Law Group is pleased to be selected for inclusion on the Best Law Firms list for 2017 in the Boston Metropolitan listing for Health Care Law. We are proud of our service to the Health Care industry and grateful to be chosen alongside some of the best law firms in the country. The rankings are based on a rigorous [Read More…]
Though a long time in the making, the U.S. Department of Labor’s changes to overtime regulations take effect on December 1, 2016. Employers have just a few weeks left to make any necessary changes to their classification of executive, administrative, and professional (“EAP” or “white collar”) employees, for whom the threshold salary tests will be [Read More…]
(Waltham, MA. November 2, 2015)- Archstone Law Group P.C. is pleased to announce that the firm has formed a strategic Of Counsel relationship with the employment law and litigation firm, Spruce Law LLC. Longtime partner at Archstone, Eve Horwitz remarks, “through this relationship, we enhance our ability to advise clients proactively on maintaining healthy and legally [Read More…]
Eve Horwitz recently was a featured speaker at the annual conference organized by the Massachusetts Association of Ambulatory Surgery Centers, where she shared updates on legal issues faced by the ambulatory surgery center community.
(Waltham, Ma. October 22, 2015)- Archstone Law Group P.C. is pleased to welcome Anna Gurevich to the firm’s health care and corporate practices. As an Associate with the firm, Anna primarily advises corporate and health care clients on regulatory and transactional matters. She brings a strong background in drafting and negotiating business agreements, and will [Read More…]
The April 10, 2015 13th Annual Schwartz Center Health Policy Breakfast featured a panel of experts who discussed “Overcoming the Stigma of Mental Illness to Ensure Compassionate Care for Patients and Families”. The panelists included Marylou Sudders, Massachusetts Secretary of Health and Human Services. The fascinating panel discussion explored strategies to overcome the stigma [Read More…]
Andrew Butler recently attended the NAELA Summit and Advanced Elder Law Review in Newport Beach, California. The week long national conference focused on elder law and special needs planning, two significant components of Andrew’s practice.
You can’t have your cake and eat it too. In a recent case decided in Massachusetts, a CEO sued his employer under his employment agreement, which required binding arbitration to resolve any disputes. Rather than enforce the arbitration clause in the employment agreement, the employer actively participated in the litigation for 6 months and then [Read More…]
A new law, the Parental Leave law, makes the Massachusetts Maternity Leave Act gender neutral. Now, both male and female employees are entitled to eight weeks of leave in connection with the birth or adoption of a child. The Parental Leave bill was signed into law in early January 2015, and the new law takes [Read More…]