David Colligan to Speak at Buffalo Niagara Medical Campus Rotary Club

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LinkedIn profile - ColliganDavid Colligan will speak at the Buffalo Niagara Medical Campus Rotary Club’s meeting on Monday, December 5th at 5:00pm. The Buffalo Niagara Medical Campus Rotary Club is a service organization of medical, business and other professionals and community members committed to professional and ethical values, humanitarian service, and the motto of “Service Above Self.”

David will discuss the work of The Ralph C. Wilson, Jr. Foundation, a grant-making organization, dedicated primarily to sustained investment in the quality of life of the people of Western New York and Southeastern Michigan.

New Overtime Rules Blocked

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Yesterday a  Federal Judge in Texas issued a nationwide preliminary injunction blocking the new overtime rules scheduled to take effect on December 1.   These rules would have increased the minimum salary for most  exempt employees to $47,476.  As a result of this injunction, the minimum salary for exempt executive and administrative employees in New York will continue at $35,100.

The decision indicates that it is likely the Judge will ultimately issue a permanent injunction.  The appeal from this action would be to the Fifth Circuit Court of Appeals.  This is a traditionally conservative court, and it is highly probable the injunction would be affirmed.  Any appeal from that decision would be to the Supreme Court.  It remains to be seen whether the Trump administration would  appeal this action.

We will keep you informed as to all further developments.

New Overtime Rules – December 1, 2016

Written by Colligan Law on . Posted in Articles, News

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By Joseph F. Saeli, Jr.

We would like to remind our clients and friends that the new U.S. Department of Labor rules for determining whether employees are exempt employees take effect on December 1, 2016. If an employee is not exempt, they must be paid one and one half times their normal hourly rate for all hours worked above forty in a week.

The key parts of the new rules are:

  • Exempt employees must be paid an annual salary of at least $47,476. (The current requirement in New York State for exempt executives and administrative employees in $35,100).
  • The new minimum salary for Highly Compensated Employees is $134,004.
  • Employers may use non-discretionary bonuses and incentive payments to satisfy up to 10% of the salary level. (This was not previously permitted).
  • The salary levels will be automatically updated every three years.
  • There is no change in the job duties tests for the exempt categories.

In addition to meeting these salary tests, exempt employees must also meet the job duties tests for one of the three exempt categories, professional, executive or administrative. Also, they must be salaried. An hourly employee can never be exempt.

If you have employees who are currently exempt, but do not meet the new salary requirements, you are faced with a difficult decision. The options some employers are considering include the following:

  • Change the employee’s status to hourly, and pay overtime for all hours over forty in a week.
  • Change the employee’s status to non-exempt salaried, and pay overtime for all hours over forty in a week. (This is possible, but the hourly rate calculation for determining overtime pay can be complicated).
  • Increase the employee’s salary to meet the new requirements.

Please let us know if we can assist you in complying with these new rules.

This article is meant to convey general information, and not to provide any legal advice. Legal advice should be provided only by an attorney who is familiar with all the circumstances about which advice is requested.

 

New Department of Labor rule could mean more money in your paycheck

 

Buying and Selling Dental Practices

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Joseph F. Saeli, Jr. spoke to the New York State Dental Association members on the topic of buying and selling dental practices. The event was held on Wednesday, October 19th in Fayetteville, NY and Thursday, October 20th in Penfield, NY and Williamsville, NY.

The event was sponsored by the New York State Dental Association, Hudson Transition Partners, Inc. and Bank of America Practice Solutions.

David Colligan Panelist – Governor’s Sustainability Conference

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LinkedIn profile - ColliganDavid Colligan will be a panelist at the Buffalo Conference on Sustainable Development & Collaborative Governance held Wednesday, September 7, 2016. David will discuss outer harbor transportation enhancements.

The conference will be the second in a series of conferences planned across New York State designed to bring together a broad spectrum of government, public and private sector groups with an interest in coordinated, sustainable development.  The conferences will focus on the potential for planned, coordinated governance with an emphasis on economic development, transportation, housing and environmental preservation.

Lunch and Learn with Joe Saeli

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saeliwebsiteJoe Saeli will be speaking at the Clarence Chamber of Commerce Lunch and Learn Networking Program at the Protocol Restaurant on Wednesday, September 7, 2016, 12:00noon to 1:30pm.

The topic is “Employment Law Update.” Joe will cover the new federal regulations coming into effect on December 1, 2016, which will severely impact salaried individuals and exemptions from overtime pay.

For more information and to register click here.

Proud Sponsor of the 2016 Bright Buffalo Niagara

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Colligan Law was proud to support the 2016 Bright Buffalo Niagara entrepreneur expo, featuring Bill Rancic. Since 2009, Bright Buffalo Niagara has paired the best possible startups and business ideas with the funding sources that will allow them to prosper. For the first time, Bright Buffalo Niagara included a business competition. The winning startups were as follows:

Abcombi Biosciences – $20,000 Winner

Painless1099 – $5,000 People’s Choice Award Winner