Showing 3 posts by Bryan F. Jacoutot.
NATIONWIDE INJUNCTION STALLS MASSIVE OVERTIME EXPANSION, OFFERS REPRIEVE FOR EMPLOYERS
On November 22, 2016, The United States District Court for the Eastern District of Texas issued a nationwide emergency injunction effectively preventing the United States Department of Labor (DOL) from enforcing its hotly contested overtime rule.
It may come as a surprise to many employers that a huge, federally mandated change to compensation requirements is just around the corner. Last year, the United States Department of Labor (DOL) issued a notice of proposed rulemaking, the intent of which is to expand the federally mandated overtime protections to millions of new employees. As a consequence, many employers who previously had no cause for concern with respect to overtime compliance, will now find themselves under the ambit of the rules.
With the 60-day notice and comment period well behind us, all that remains is for the DOL to issue the final rule and set a date for compliance (which will likely fall toward the end of 2016 or early 2017). Those who have reviewed the comments to the proposed rule are suggesting that, despite a fair amount of pushback by employers, the final version will be largely be consistent with what we have already seen. What does that mean for employers?
Taylor English represents a number of Staffing companies that contract with entities across the nation in a variety of industries. These contracts can often represent big dollars to the firm providing the staffing services, but like any business relationship, they can also generate quite a bit of risk. As a result, one provision garnering increasing use in these arrangements is the limitation of liability clause. When used properly, these clauses can be an excellent way for your business to minimize risk and create predictability where uncertainty traditionally reigns: a lawsuit.
A question every company–staffing or otherwise–needs to be asking itself is this: Am I using or signing onto a limitation of liability clause? If the answer is yes, you and your company need to determine its enforceability. Much to the chagrin of companies working on a national scale, the enforceability of these clauses vary from state to state and if you’re not careful, your efforts to create predictability can be thrown into chaos if a limitation of liability clause is found to be unenforceable.
- Employee Accommodation
- Pregnancy Discrimination Act
- Employment Issues
- U.S. Department of Labor
- Overtime Pay
- U.S. Department of Labor Wage and Hour Division
- Defined Contribution Plans
- Employee Benefits and Executive Compensation
- Fair Housing Act
- Civil Rights Act of 1964
- Title VII
- Limitation of Liability Clause
- Americans With Disabilities Act
- Sick Leave
- Employee Discrimination
- Equal Employment Opportunity Commission
- Fair Credit Reporting Act
- Religious Freedom Restoration Act
- Fair Labor Standards Act
- Risk Management
- Family and Medical Leave Act
- Human Resources Professionals
- National Labor Relations Board
- Pay Policies
- Government Investigations
- Workplace Investigations
- Background Checks
- Employment Application
- Alison M. Ballard
- Joseph W. Bryan
- Joseph M. English
- Glianny Fagundo
- Raanon Gal
- Randy C. Gepp
- Shawntel R. Hebert
- Donald S. Kohla
- Jan G. Marsh
- Steven J. Whitehead