DOL poised to release new overtime final rule

May 17, 2016 0 COMMENTS

The long-awaited final rule making millions more employees eligible to earn overtime pay is likely to be released on May 18, and if its contents match recent reports, employers and employees alike are in for big changes.

The Politico news organization reports that Vice President Joe Biden, Labor Secretary Tom Perez, and Ohio Senator Sherrod Brown will announce the rule at an event in Columbus, Ohio, on May 18. The report says the rule places the minimum salary for an employee to maintain exempt status at $47,500, up from the current rule’s floor of $455 a week ($23,660 a year).

read more…

Alabama Legislature puts a stop to Birmingham’s higher minimum wage

February 22, 2016 0 COMMENTS

by Albert L. Vreeland

************************ UPDATE 2/26/16 ************************

As expected, on Thursday, February 25, the Alabama Legislature passed a bill preempting any local legislation (city or county) imposing a higher minimum wage or mandating a minimum level of employee benefits.  The bill was signed into law by Governor Robert Bentley shortly thereafter, rendering the Birmingham minimum wage hike a dead letter.  Now, any changes to the minimum wage for Alabama employers will have to come from Washington or Montgomery—which seems very unlikely in the current political climate.

******************************************************************

read more…

New Alabama noncompete law starts in January

November 30, 2015 0 COMMENTS

by Al Vreeland

A bill signed into law over the summer will significantly strengthen Alabama employers’ ability to enforce noncompete agreements when the law takes effect January 1, 2016.

The state’s old noncompete statute makes a broad statement that noncompete agreements are void. It then creates several exceptions into which courts have shoehorned the modern version of the noncompete.

Alabama courts have generally stated that noncompetes are disfavored, but they can be enforced when they are related to a legitimate interest (e.g., protecting customer relationships or proprietary information) and are reasonably limited in time and geographic scope. That formula gave an enormous amount of discretion to judges to decide whether noncompetes would be enforceable and left employers with uncertainty.

read more…