The new DOL regulations governing white-collar employee exemption requirements are likely to generate significant disputes between employers and their employees. Most critically, the new regulations more than double the salary threshold for an employee to be considered exempt—from under $24,000 to $47,476. Industries that rely heavily on mid-level managers and administrative employees are likely to be some of the hardest hit when the regulations go into effect on December 1, 2016.
If employers want to avoid incurring the significant expense from raising salaries to meet the new threshold, some exempt employees will have to be reclassified as nonexempt, which is certain to cause disruption to business function and very likely to morale. In addition, employers will need to acclimate these newly-nonexempt employees to the world of time-keeping, lunch breaks, and a loss of autonomy as working from home or using mobile devices becomes a trickier prospect.
As a member of the Wage and Hour Defense Institute, Parker Hudson and its employment lawyers have been tracking this developing issue since the DOL proposed these changes. See our summary and next-step recommendations for more information.
Litigation partner Ron Coleman has been a leading voice in support of the recently enacted federal Defend Trade Secrets Act. The DTSA, signed into law on May 11, 2016, creates the first ever federal civil cause of action for misappropriation of trade secrets. Ron was asked to join a group of 18 experienced trade secret litigators from law firms across the country to co-sign a letter to Congressional sponsors urging passage of this legislation, which was entered into the Congressional Record as part of debate on the bill. See the Letter Here He also developed and moderated a program at last month’s ABA Section of Litigation Annual Conference entitled “Federal Defend Trade Secrets Act – New Options and Strategies for Trade Secret Litigation.” The enactment of the DTSA will bring many changes and different strategic choices to trade secret litigation, including access to the nationwide reach of the federal courts and powerful new remedies like an ex parte seizure order to recover misappropriated trade secret materials. Parker Hudson’s knowledgeable and experienced trade secret litigators can help both plaintiffs and defendants navigate this new world of trade secret litigation.
Read our latest thinking on the new Defend Trade Secrets Act. Click Here