NEW DOL OVERTIME RULE RAISES EXEMPT SALARY THRESHOLD TO $684/WEEK

by Baylor Evnen, LLP | Oct 8, 2019 | BLOG, EMPLOYMENT, LITIGATION & PROFESSIONAL DEFENSE

The United States Department of Labor recently announced its new overtime rule for non-exempt (i.e., hourly) employees. The key takeaway from the highly anticipated announcement was the new salary threshold of $684 per week ($35,568 per year) that employees must earn to potentially qualify as “exempt” from overtime requirements. Other changes include raising the total […]

IOWA WORKERS’ COMPENSATION REFRESHER: INDEPENDENT CONTRACTORS

by Baylor Evnen, LLP | Oct 7, 2019 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Independent Contractors are not generally entitled to coverage under the Act.  Nonetheless, like self-employed persons, independent contractors can make a formal election to come under the provisions of the Act. IOWA CODE §85.61(11). In order to determine whether or not an employer-employee relationship exists, five important factors must be considered: (1) the right of selection, […]

CHANGES TO NEBRASKA LAW REGARDING DEBT COLLECTION DURING WORKERS’ COMPENSATION ACTION

by Baylor Evnen, LLP | Aug 28, 2019 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Changes to Nebraska Workers Compensation Act come into effect on September 1, 2019. In the last session, the Nebraska Legislature adopted Nebraska Revised Statute § 48-148.02 governing debt collection and workers’ compensation. This bill was supported by the Nebraska Association of Trial Attorneys. The new law prevents collection by any “provider of services, supplier of […]

DOL: PARENTS CAN USE INTERMITTENT FMLA LEAVE TO ATTEND IEP MEETINGS

by Baylor Evnen, LLP | Aug 13, 2019 | BLOG, LITIGATION & PROFESSIONAL DEFENSE

The DOL issued an opinion letter on August 8, 2019 stating that where a child has a serious health condition as defined under the FMLA and an Individualized Education Plan (IEP) associated with that condition, a parent can utilize intermittent FMLA leave to attend IEP meetings addressing the educational and special medical needs of the […]

DOL: TRUCK DRIVERS DO NOT NEED TO BE PAID FOR OFF-DUTY TIME IN SLEEPER BERTH

by Baylor Evnen, LLP | Aug 12, 2019 | BLOG, LITIGATION & PROFESSIONAL DEFENSE

The Department of Labor’s (DOL) Wage and Hour Division issued new guidance on July 22, 2019 addressing whether employers have to pay truck drivers for time spent sleeping in a truck’s sleeper berth.  The new guidance modifies previous guidance. Pursuant to FLSA regulations, an employee’s sleeping time is compensable if the employer allows the employee […]

THE EEOC REPORTING PORTAL IS OPEN FOR FILING EEO-1 PAY DATA

by Baylor Evnen, LLP | Jul 17, 2019 | BLOG, LITIGATION & PROFESSIONAL DEFENSE

The EEOC portal opened July 15th for uploading data for EEO-1 Pay Data.  The deadline to produce the data is September 30, 2019 for employers, including federal contractors, with more than 100 employees.  Covered employers are required to submit Component 2 data regarding hours worked and W‑2 Box 1 income across 12 pay bands for […]