Update on litigation filed to stop the DOL overtime rule 11/7/16

By L. Michael Zinser, The Zinser Law Firm

Mike Zinser reports on two upcoming hearings on the overtime rule: one set for Nov. 16 and one on Nov. 28. One possible result is that the court could enjoin and halt the Dec. 1 implementation of the rule.

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Update on Congressional action to limit U.S. Department of Labor overtime rule 10/10/16

By L. Michael Zinser, The Zinser Law Firm

This writer previously reported on Representative Kurt Schrader's bill to phase in the overtime threshold over a four-year period. This legislation now has seven bipartisan co-sponsors and counting.

Senator Lamar Alexander (Republican-Tennessee) has introduced Senate Bill 3464, which also would gradually phase in the Department of Labor's overtime rule over five years, starting with a salary threshold increase to $35,984 on Dec. 1, 2016; the bill provides for salary threshold increases in 2018 and 2019, but no increase in 2017. The bill provides for the Department of Labor's $47,476 threshold to take effect on Dec. 1, 2020. Like the House bill, this legislation would also prohibit the automatic annual increases to the salary threshold dictated by the Department of Labor's Final Rule.

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Reporters Committee launches 'FOIA Wiki' beta 10/4/16

The Reporters Committee for Freedom of the Press has launched a beta of the FOIA Wiki, a collaborative and evolving digital resource on the federal Freedom of Information Act. The FOIA Wiki is part legal guide, part community space for sharing information that aims to serve as a central hub on all manner of issues surrounding FOIA as the law celebrates its 50th anniversary.

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Lawsuits filed to stop DOL overtime rule 9/26/16

By L. Michael Zinser, The Zinser Law Firm

On Sept. 20, a coalition of more than 55 Texas and national business groups, including the U.S. Chamber of Commerce, filed a lawsuit in federal court in Texas. The lawsuit asks the court to vacate and set aside the Department of Labor's new overtime rule, set to take effect Dec. 1. Further, it asks the court to issue an injunction, postpone the effective date of the overtime rule, and to maintain the status quo, pending the court's review of the lawsuit.

A second lawsuit was also filed by the attorney generals of Nevada, Texas and 21 other states to enjoin the new rule.

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Machinists union abandons unit in Omaha 8/22/16

By L. Michael Zinser, The Zinser Law Firm

This month, Mike Zinser looks at a newspaper that withdrew recognition of a bargaining unit, legislation that would limit the Department of Labor's Final Rule on overtime, and whether Title VII covers sexual orientation.

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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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When the public notice is the story 8/28/13

By Jane Nicholes

The Advocate's use this week of a public notice ad as artwork with a Page 1 article underscores the importance of publishing public notices in newspapers.

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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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