Attempting to predict the outcome in the Supreme Court is difficult under any circumstances, especially in this case because there are so many potential outcomes.  The Court could vote to uphold all aspects of the health reform legislation, the Court could strike down the individual mandate, or the Justices could rule the entire law invalid, finding that the mandate cannot be severed from the rest of health care reform because the Exchanges, the "play or pay" penalty and several other features of the Act are too closely tied to the mandate to survive the mandate's invalidation.   The Justices could even pass for now, concluding that the Anti-Injunction Act precludes judicial consideration of the mandate until penalties are assessed, which would push this issue out to the year 2015.

For those who want to find more information regarding court challenges to PPACA can find lots of information on the Supreme Court website at:  http://www.supremecourt.gov/docket/PPAACA.aspx

On February 15 at the Four Points Sheraton Pittsburgh North, Henderson Brothers partnered with Littler Mendelson to bring clients and prospects a free FLSA seminar worth 2 CE credits.  The seminar, titled, "FLSA Seminar: Are your employees really exempt?" reviewed common overtime exemptions & requirements, employer trends for classifying employees, and identified tips for conducting in-house audits to determine if an employee is entitled to overtime. Robert W. Pritchard and Jill M. Albrecht, representing Littler Mendelson, presented. The seminar was moderated by Henderson Brothers' Director of Compliance, Shari Herrle.

"I had been doing quite a bit of reading over the past year and felt that the FLSA subject matter was very timely and relevant for our clients and prospects. I requested that Littler be involved in the seminar and they jumped at the opportunity," said Shari Herrle.

Response for the seminar was overwhelming, with over 80 people in attendance! The FLSA Seminar was the first of four seminars in Henderson Brothers' 2012 Seminar Series. Keep an eye out for our next seminar which is projected to be held in May!

What People Are Saying:

What did you like most about the event? 

"The detailed explanation of the issues – practical, real life information rather than merely legal. Pritchard is an excellent presenter!" 

"Great presentation by Mr. Pritchard. Good handout materials and overhead slides" 

"This was one of the best presentations I've attended"

Questions?  Please email us at info@hendersonbrothers.com

Now, however, the DLWD has corrected its error, and on February 21, 2012, the exemption was fully restored. The regulation now defines "administrative" employee to include an employee whose: (1) primary duty is sales; (2) total compensation is comprised of at least 50% commissions; and (3) total compensation is $400 or more per week. 

Notably, the restored New Jersey "inside sales" exemption differs from the exemptions available under federal law. As a result, employers should carefully analyze whether their commissioned sales employees qualify as exempt under both state and federal law.

Reference:

http://lwd.state.nj.us/labor/wagehour/lawregs/nj_state_wage_and_hour_laws_and_regulations.html#5671

Please be sure to look for us at this year's Marathon, and cheer us onto victory!  

If you'd like to donate to the cause, please visit the following website:  

http://www.firstgiving.com/fundraiser/Henderson-Brothers/marathon2012

To read more about this timely issue, please visit the "Littler ASAP Newsletter" section of our website by clicking here.