Employment Law Blog

Overtime regulations on hold until further notice

November 23, 2016 – Jim Spencer Late yesterday afternoon, a federal judge in Texas issued a preliminary injunction on the Department of Labor’s overtime regulations that were set to take effect on December 1, 2016. The injunction is nationwide. Preliminary injunctions are immediately appealable, so we would not be surprised if the Department of Labor Continue Reading

Department of Labor Issues New Fact Sheet Regarding Treatment of Bonuses

DOL Issues New Fact Sheet Regarding Treatment of Bonuses for Exempt White Collar Employees November 8, 2016 – Eric W. Barth Recently, the U.S. Department of Labor (DOL) issued a Fact Sheet regarding the Treatment of Bonuses for Exempt White Collar Employees under the DOL regulations that take effect on December 1, 2016. Under those Continue Reading

Employers Should Act Now to Comply With New Overtime Regulations – Effective December 1, 2016

October 25, 2016 – Eric Barth, Member The key provisions of the new rule are: The salary level for EAP employees will increase from $455/week to $913/week (i.e., $47,476/year). Non-discretionary bonuses, incentive payments, and commissions can be used to satisfy up to 10% of the new salary level, but only if they are paid at Continue Reading

Save the Date – Seminar on New Overtime Exemption Regulations

September 1, 2016 – by Jim Spencer As I reported in May, December 1 is the effective date for the Department of Labor’s new overtime exemption regulations. To help employers figure out how to deal with these regulations, our experienced wage/hour attorneys will be hosting two seminars in October.  Each seminar will consist of a Continue Reading

7th Circuit: Sexual Orientation not Protected Category under Title VII

July 30, 2016 – by Jim Spencer For several years, the EEOC has interpreted Title VII of the Civil Rights Act of 1964 (Title VII) as forbidding any employment discrimination based on sexual orientation. The EEOC’s position is that even though Title VII doesn’t say anything about sexual orientation, the prohibition against sex discrimination is Continue Reading

New OSHA Regulations – Action Required by 11/1/16

July 29, 2016 – by Jim Spencer By now, most of us are tired of hearing about new federal regulations on employers. But the regulators in Washington aren’t getting tired.  Instead, they’re picking up steam during the last months of the current administration. The Occupational Safety and Health Administration (OSHA) is joining in the fun Continue Reading

New Overtime Regulations – Effective December 1, 2016

May 18, 2016 – Jim Spencer After months of anticipation and dread from employers, the U.S. Department of Labor has announced the content of its updated regulations governing the exemption of executive, administrative, and professional (“EAP”) employees from minimum wage and overtime requirements under the Fair Labor Standards Act (“FLSA”). The new rules go into Continue Reading

DOL Issues New FMLA Forms

May 27, 2015 – Jim Spencer Earlier this month, the Department of Labor (DOL) issued its updated model FMLA forms.  The new forms are good for another 3 years – they expire on May 31, 2018 –  and can be downloaded here. The new forms are very similar to the previous versions of the forms.  Continue Reading

Changes to the DOL’s FLSA Overtime Exemptions are Coming Soon

For the past year, employers and human resource professionals have been on the lookout for changes to the Department of Labor’s overtime regulations. On May 5, 2015, Secretary of Labor Tom Perez announced that a proposed rule has been submitted to the Office of Management and Budget for review.  After the OMB completes its review, Continue Reading

NLRB General Counsel Issues Report on Employee Handbook Policies

Posted March 20, 2015 by Jim Spencer On March 18, the General Counsel of the National Labor Relations Board (NLRB) issued an important report about employee handbook rules that, in the NLRB’s view, violate the National Labor Relations Act (NLRA).  The 30-page report can be downloaded here.  Although most employers will be unpleasantly surprised by what Continue Reading

FMLA Forms Extended to 3/31/15

Posted February 25, 2015 by Jim Spencer When the DOL issues new FMLA forms, the forms have to be approved by the Office of Management and Budget (OMB) before they are official.  The current FMLA forms are set to expire on February 28, 2015.  The DOL has made what it calls “minor clarifications” to the Continue Reading

New definition of “Spouse” for FMLA

Earlier today, the Department of Labor announced that the definition of “Spouse” under the Family Medical Leave Act (FMLA) is changing, effective March 27, 2015.  The current definition of “Spouse” looks to the place of residence – i.e., where an employee lives – in determining whether an employee is married.  The new definition of “Spouse” Continue Reading


Kansas Super Lawyers are presenting today on Employee Benefits updates with Kansas SHRM. Topics include addressing retirement plans and how to fix troubled plans. Such topic is presented by employee benefit expert, Eric Namee, of Hinkle Law Firm. These are issues Employers and HR Professionals need to know how to handle. The presentation discusses the Continue Reading


In an interview yesterday with the KWCH Channel 12,  we discussed the upcoming changes in overtime pay exemptions.  While individuals may be exempt from overtime now, the updated regulations (anticipated this month or next) may change that.  The attached video provides a very brief overview. http://www.kwch.com/news/local-news/could-you-be-earning-more-money soon/31306034#.VOOD_ROcdso.mailto