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April 2019 Archives

Defenses against truck accident fault accusations

When a truck is involved in an accident, it's common to assume that the trucking company or driver will almost certainly be held liable for causing the accident. However, truck drivers by law need to be highly trained, and trucks are subject to much higher safety regulations than passenger vehicles. Therefore, often it is the case that another party was at fault.

The U.S. Department of Labor's Update on Overtime

Sammons Capture.JPGSince 2015, the U.S. Department of Labor has been working to update the minimum wage and the "white collar" exemption under the Fair Labor Standards Act (FLSA). The effective new minimum salary level for the "white collar" exemption was to be raised as of December 1, 2016, from $23,660.00 per annum to $47,892.00 per annum, in what has been called the Overtime Final Rule. This left those employees who did not meet the minimum salary threshold as potentially qualifying for overtime pay. While employers frantically evaluated how these changes would affect their bottom line, a federal district judge in Texas granted a nationwide emergency preliminary injunction that prohibited the U.S. Department of Labor from enforcing the Overtime Final Rule. The case went up to the Fifth Circuit Court of Appeals, where in 2016 a stay was put in place while the U.S. Department of Labor considered formulating a new rule.

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