Tis the Season! We're happy to share some holiday events that our members are hosting. Bring your friends and family to some of South Denver's finest festivities:
Until a final decision is reached, employers may continue to follow the existing overtime rule
By Lisa Nagele-Piazza, SHRM-SCP, J.D. Nov 22, 2016
Just 10 days before the implementation date, a federal judge in Texas put the brakes on the Department of Labor’s (DOL's) new federal overtime rule, which would have doubled the Fair Labor Standards Act’s (FLSA’s) salary threshold for exemption from overtime pay.
Twenty-one states filed an emergency motion for a preliminary injunction in October to halt the rule. They claimed that the DOL exceeded its authority by raising the salary threshold too high and by providing for automatic adjustments to the threshold every three years.
FLSA Overtime Rule ComplianceFor more overtime compliance news, tips and tools, check out the SHRM resources provided below:
· FLSA Overtime Rule Resources Guide
· Overtime Rule Blocked: Now What?
· Compliance Checklist · InfographicThe states’ case was consolidated last month with another lawsuit filed by the U.S. Chamber of Commerce and other business groups, which raised similar objections to the rule.
The overtime rule was scheduled to take effect Dec. 1 and would have raised the salary threshold from $23,660 to $47,476. The rule also provided for triennial adjustments based on the 40th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census region.
“A preliminary injunction preserves the status quo while the court determines the department’s authority to make the final rule as well as the final rule’s validity,” said Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas in a Nov. 22 ruling.
“This is a total surprise in many respects, but you have to tip your hat to the judge who made a tough call and hopefully a decision that will stay in place,” said Alfred Robinson Jr., an attorney with Ogletree Deakins in Washington, D.C., and a former acting administrator of the DOL's Wage and Hour Division.
The Society for Human Resource Management's (SHRM's) "members and Advocacy Team played a key role in highlighting the difficulties of the rule and raising awareness of its negative impacts on the workplace including its impact on workplace flexibility and employee morale," noted Nancy Hammer, senior government affairs policy counsel for SHRM.
"The court's decision is welcome news for SHRM members and employers who have been struggling with the impacts of the rule—especially nonprofits and smaller organizations," she said.
For now, the overtime rule will not take effect as planned Dec. 1, but it could still be implemented later down the road. Employers may continue to follow the existing overtime regulations until a decision is reached.
[Read more: The Federal Overtime Rule Has Been Blocked. Now What?]
A preliminary injunction isn’t permanent, as it simply preserves the existing overtime rule—which was last updated in 2004—until the court has a chance to review the merits of the case objecting to the revisions to the regulation.
However, the revised regulation may face an uphill battle: The judge wouldn’t have granted the nationwide preliminary injunction unless, among other things, he thought the states showed a substantial likelihood of succeeding on their claims.
The purpose of the FLSA’s provisions under review in this case “was to exempt from overtime those engaged in executive, administrative and professional capacity duties,” Mazzant said. The salary level was purposefully set low to screen out the obviously nonexempt employees, he added.
Mazzant noted that the DOL “has admitted that it cannot create an evaluation ‘based on salary alone.’ ” However, “this significant increase to the salary level creates essentially a de facto salary-only test,” he said. “If Congress intended the salary requirement to supplant the duties test, then Congress—and not the department—should make that change.”
Robinson mentioned that the DOL will likely challenge the decision.
“We strongly disagree with the decision by the court, which has the effect of delaying a fair day’s pay for a long day’s work for millions of hardworking Americans," the DOL said in a statement. "The department’s overtime rule is the result of a comprehensive, inclusive rulemaking process, and we remain confident in the legality of all aspects of the rule. We are currently considering all of our legal options.”
[Update: On Dec. 1, the DOL appealed the decision to the 5th Circuit.]
Many employers have already either raised exempt employees’ salaries to meet the new threshold or reclassified employees who are still earning less to nonexempt status.
[SHRM members-only toolkit: Calculating Overtime Pay in the United States]
Employers will likely want to leave decisions in place if they have already provided salary increases to employees in order to maintain their exempt status, Robinson said. It would be difficult to take that back.
If there are exempt employees who were going to be reclassified to nonexempt, but haven’t been reclassified yet, Robinson said employers may want to postpone those decisions and give the litigation a chance to play out.
“This should be a welcome sign for employers, even if they’ve already made changes,” he said. “They can at least hold off on further changes.”
Employers shouldn’t assume, however, that the overtime rule will be permanently barred. They should still have a plan to move forward if necessary in the future.
In the meantime, HR professionals will have to consider what to do now.
This article was posted by the Society for Human Resource Management. To see the original article, click here.
Did you know? The Chamber's new website and member portal offers benefits that have never before been available. This interactive and easy- to- use portal gives you control of your membership in a whole new way: edit your listing in the directory, upload coupons, edit contact information, and more!
Tip # 2: Uploading Coupons/Member Deals to the SMDC Direcory Listing
The coupon will then appear under the "coupons and discounts" page of the member directory as well as the company's listing in the directory!
It's as simple as that! For more information regarding the Chamber website and member portal, visit our FAQ's here or call the Chamber at 303.795.0142.
SMDC NonProfit Members: CLICK HERE to apply
COMING SOON: Apply to be a SHARK at this event or purchase tickets to attend!
“The TANK”- Business Supporting Our Community:
The South Metro Denver Chamber Nonprofit and Business Partnership is excited to present, for the 2nd year, “The TANK”, inspired by the “Shark Tank”. The TANK provides SMDC Nonprofits the opportunity to compete for cash prizes awarded by community business leaders. Each nonprofit will have a few minutes to pitch their unique project or organization to the audience followed by Q&A, from a panel of ‘Sharks’. We invite you to apply to present your needs to fellow SMDC members, plus win some money to fund your nonprofit or special program.
Why “The TANK”? There are many amazing nonprofits doing incredible work in our community and people need to know what you’re doing and how they can support. Use this to bring awareness to your organization. Present and showcase your needs to fellow SMDC member, plus win some cash to support you program.
An application process will narrow presenters down to six. Please complete the application for your chance to present and win. While it will be limited to a small group of presenters, The TANK is open to the public to attend, allowing audience members to learn more about your program and purpose. Coaching and mentoring sessions to perfect your presentation will be provided by Chamber members.
Marcia Pearce, email@example.com or 303-475-7952
Jeremy Friedman, firstname.lastname@example.org or 720.387.9685
IMMONOe Health Centers announces the return of Jessica Gustafson, PA-C, to their Allergy and Asthma Division
IMMONOe Health Centers announces the return of Jessica Gustafson, PA-C, to their Allergy and Asthma Division
Jessica will be able to see patients as of Tuesday, November 29th 2016 at our new office in Aurora.
The Smoky Hill clinic is located at: 15470 E Smoky Hill Rd, Aurora, CO 80015
Her hours will be:
Tuesdays – Wednesdays – Thursdays
9:00 am to 3:00 pm
Please remember that our staff is ready to answer your questions and provide assistance as you make your next appointment. As always, we are honored to be your health partner!
The Providers and Staff of IMMUNOe Health Centers
Jessica A. Gustafson, PA-C, AE-C
Over three years ago, I was privileged to be offered a Physician Assistant position at IMMUNOe Allergy & Asthma Centers. Since that time, it has been my pleasure to care for the wonderful patients at all our offices. In April of this year, my family and I decided to relocate to the south metro area, and I subsequently took some time off work to accomplish this goal. Now, I am thrilled to return to our practice and resume work with all the caring colleagues and lovely patients at IMMUNOe. Being based at the Smoky Hill office will provide an opportunity to have a successful work-life balance while remaining immersed in my passion -- allergy and asthma. As a certified asthma educator, I always strive to deliver the most up-to-date and thorough information as possible to our asthma patients. I am also looking forward to a new collaboration with our ENT partner, Dr. Hepworth and his associates.
Please come visit us at our new location! As always, I sincerely appreciate the opportunity to be
a part of you and your family's care!
Jessica A. Gustafson, PA-C, AE-C
For more information on IMMUNOe Health Centers, visit their website here.
Integrated Family Community Services have been SMDC members since 1993! This non-profit organization provides basic human services and enrichment programs to low-income family members using community resources. IFCS fosters self-sufficiency and respects the dignity of each client. It serves the people of Centennial, Englewood, Glendale, Highlands Ranch, Littleton, Lone Tree, Sheridan, and unincorporated Arapahoe County.
2015-2016 IFCS By The Numbers
123,858 - Number of Meals Given Out
12,431 - Family Members received services
3,593 Volunteers who donated 5,619 Hours
The South Metro Denver Chamber's Annual Trail of Lights will be held on December 13. The Chamber will run a toy drive at that event, so we encourage you to bring an unwrapped toy for a child in our community. These toys will be given to Integrated Family Community Services to support their goals for this holiday season. For more information on this event, click here.
For more information on IFCS, their history, how to volunteer your time, or to make a donation. visit their website here.
The South Metro Denver Chamber Economic Forecast Breakfast has proven to be informative, thought-provoking and entertaining. We invite you to hear from our distinguished panel of speakers to explore and shape our businesses, our state and our country for the upcoming year. And this year's speakers are...
Dr. Richard Wobbekind, Executive Director of the Business Research Division & Senior Associate Dean for Academic Programs, University of Colorado
Dr. Wobbekind will provide an economic forecast for the 2017 year. Wobbekind teaches MBA students in macroeconomics, public policy, entrepreneurship and managerial economics. He has received three awards for teaching excellence from the students of the Leeds School. Wobbekind has lived in Colorado for more than 34 years and has spent much of his time studying the development of the Colorado and regional economies. He received a BA in economics from Bucknell University and an MA and Ph.D. in Economics from the University of Colorado at Boulder. For a full biography, visit here.
Maria Garcia Berry, CEO of CRL Associates, Inc
As chief executive officer of CRL Associates, Inc., she successfully manages CRL's broad client base that includes a variety of high-profile projects such as the Master Plan and Environmental Impact Statement for Denver's Union Station; the transformation of the former Villa Italia mall site into Belmar; and Forest City's redevelopment of Stapleton. In 2004, Ms. Garcia Berry was the campaign chair for the nation's largest proposed mass transit expansion effort, the successful FasTracks Yes campaign. For a full biography, visit here.
Don Childears, President and CEO, Colorado Bankers Association
President/CEO of the Colorado Bankers Association, Don Childears has served CBA since 1975, preceded by legislative and campaign work for a Congressman. He’s completed his Juris Doctor from University of Denver College of Law, and BSBA from Colorado State University, where he was student body president. Community activities vary including: First Amendment Council, Referenda C & D Finance Committee, Civil Justice League, Governor’s Y2K TF, Kids Voting, Housing Council, two graduate schools of banking, and political activities and campaigns. Business activities include ABA BankPac, Colorado Competitive Council Steering Committee, BancInsure, a publishing company, a network predating the internet, and a burglar alarm company. He frequently speaks (NBC Nightly News, ABA’s Annual Convention) and teaches government, political influence, and banking. Numerous awards include a Special Tribute by U.S. Senator Allard. He’s from Saguache (rural Colorado town) and is married to Linda, President of the Daniels Fund ($1.1B charitable foundation) and previous President of the Young Americans Bank (youth financial literacy pioneer) in Denver.
We look forward to hearing from this distinguished panel and invite you to join us. Please visit our calendar here to register.
The South Metro Denver Chamber has several non-profit members who are participating in this initiative. Click on the organizations below for more information or to make a donation:
The American Newspaper: Is it dead? Or on Life Support? Or just resting its eyes?
The future of print media was explored by two of the leaders in the Colorado newspaper industry: Bob Sweeney of The Villager and Jerry Healey of Colorado Community Media.
On Friday, November 11th, the Chamber's Economic Development Group met to discuss the American Newspaper with two local Coloradans who own newspapers: Bob Sweeney, owner of The Villager, and Jerry Healey, owner of Colorado Community Media. In the words of Doug Tisdale, "Flipboard is the new New York Times." In this digital era, it comes as no surprise that the print industry is facing new challenges every day. How does print maintain its relevance when technology has driven the industry towards the instant gratification of the world wide web? Here's the silver lining: print does, in fact, have staying power. Local newspapers positively impact communities by keeping readers informed of relevant news, as well as help local retailers flourish via advertisement.
For more facts and information, visit Jerry Healey's presentation below:
A big congratulations to Chamber CEO, Bob Golden, who won the American Cancer Society's award for the " 2016 Pinkest Man" for his "Real Men Wear Pink" initiative throughout October.
For more information on this initiative, visit here.