You will recall our article in the previous issue of The HR Advisor (November 23, 2016), where we advised that a Texas U.S. District Court Judge had issued a preliminary injunction temporarily blocking implementation of the Department of Labor’s overtime rule, which was slated to take effect December 1, 2016.
Since that newsletter, the DOL has appealed the District Court’s decision to the U.S. Court of Appeals for the 5th Circuit in New Orleans, Louisiana. The Court of Appeals could issue a stay of the District Court’s decision, which would put the overtime amendments into effect until the appeal is heard. If no stay is issued – and unless an expedited hearing is ordered – it is unlikely any decision on the appeal would occur near-term. At this point, written legal briefs by the parties will not likely start until after the inauguration. Further complicating this matter is the question of what the new administration may or may not do with this issue once it takes office on January 20, 2017.
With just over one week remaining until the implementation date of the Department of Labor’s Overtime Rule, U.S. District Court Judge Amos Mazzant for the Eastern District of Texas has brought the process to a standstill.
Twenty-one states, as well as the U.S. Chamber of Commerce and other business groups, filed an emergency motion for a preliminary injunction in October, claiming the DOL exceeded its authority by raising the salary threshold too high and by providing for automatic adjustments to the threshold every three years.
The holidays are again upon us. Employees are beginning to embrace the magic of the season and employers are preparing for the annual holiday party. While the proper “do's” and “don'ts” surrounding holiday parties may seem obvious to some, CBS would like to take a moment to remind employers about the potential liability surrounding company holiday parties, and provide some appropriate suggestions to help your company avoid problems from these special holiday celebrations and enjoy the festivities.
Employers should remind employees of the overall expectations of the company holiday party prior to the celebration. Ensure all employees understand and agree to abide by the guidelines and expectations set forth by the company. Also, it may be helpful to remind employees that the employee handbook and/or company policies and procedures also apply to holiday parties - including policies regarding harassment, discrimination, social media and your dress code. Finally, in view of the new overtime regulations, it may be prudent to make your company party voluntary to avoid potential overtime compensation claims.
Thank you to John and to all men and women who have served
this wonderful country of ours!