Getting ready for the new FLSA overtime rule 5/23/16

By L. Michael Zinser, The Zinser Law Firm

On May 18, the U.S. Department of Labor finalized its proposed rule to increase the salary threshold necessary to be classified as exempt from overtime. When the final rule becomes effective on Dec. 1, 2016, the salary threshold will increase from $23,660 to $47,476 per year. Non-discretionary bonuses and commissions may count toward as much as 10 percent of the salary threshold. Every three years, the salary threshold will increase.

Though the final rule still may be challenged, every employer must be developing a plan now to address this huge budgetary issue. Here are some suggestions.

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Outside sales exemption is constitutional 4/19/16

By L. Michael Zinser, The Zinser Law Firm

Ohio Supreme Court upholds a minimum wage amendment in the Ohio Constitution that states, in pertinent part, that "employer," "employee," "person" and "independent contractor" all have the same meanings as they do under the Federal Fair Labor Standards Act.

While not specifically discussing this case, federal law also excludes from the Wage and Hour Law individuals who deliver newspapers to the consumer. The same exclusion should also apply under Ohio law.

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Newspaper publishers to save Workers' Compensation money 4/12/16

By L. Michael Zinser, The Zinser Law Firm

On Feb. 26, Wisconsin Governor Scott Walk signed Act 180, which repealed a part of the Workers' Compensation law stating, "Every person selling or distributing newspapers or magazines on the street or from house to house is an employee." Prior to the repeal, most newspapers covered newspaper carriers and paid thousands of dollars each year in Workers' Comp premiums. This is a great success for Wisconsin publishers.

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FOIA Machine would break logjam for public records 7/24/13

In addition to helping automate the process of making and tracking requests for public records, FOIA Machine will also create a community of users to share expert tips and strategies.

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There's an app for calculating certain FMLA leave 6/19/13

Calculating FMLA leave can be challenging for employers, but now there is a free tool that makes the calculation simple – an app for tablets and smart phones.

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