Blog, Corporate Law, Ethics Investigations and Crisis Management
Documenting and follow-up for the investigation
In a prior posts, we wrote about why you may need an internal investigation, who should conduct the investigation, and the planning and conduct of the investigation. In this post, we will discuss documenting and following-up on the investigation. Documenting the investigation is crucial – the work isn’t done until the paperwork is completed. You must evaluate the facts you discovered and determine the merits of the complaint. Segregate the facts into disputed and undisputed facts. Can you reach a decision solely by looking at the undisputed facts? If so, you do not need to move forward and consider the disputed facts. Review the witness statements and determine whether the statements were consistent. Where inconsistencies exist, consider whether a witness had any reason to be less than truthful. Do documents support one side or the other? In assessing the credibility of the statements, consider additional factors such as prior incidents that may reflect on credibility, the witnesses’ motives, demeanor and plausibility. Generally, you will find that when conflicting evidence exists, one version of the events is more plausible than the other. If does not mean that the less plausible version could not happen, only that it is less likely. After you have gathered and examined the facts and reached your conclusion, have someone else review the facts and conclusions. A fresh set of eyes will point out missing evidence, conclusions not supported by the evidence, and may have alternative conclusions. Once you have determined what likely happened, you must apply the conclusions to determine if misconduct…
Read MoreBlog, Corporate Law, Employment Law
New Overtime Regulations to Take Effect December 1, 2016
On March 13, 2014, President Obama issued a memorandum directing the Department of Labor (DoL) to update the regulations that define which “white collar” employees are protected by the overtime standards of the Fair Labor Standards Act (FLSA). On May 28, 2016, the DoL issued its Final “Overtime” Rule, which more than doubles the previous salary threshold for determining which employees are entitled to overtime. Prior to the rule change, only white collar workers making less than $23,660 annually (or $455 per week) were entitled to overtime if they worked over forty (40) hours per week. Under the new rule, white collar employees making less than $47,500 annually (or $913 per week) will be entitled to overtime when working over forty (40) hours in a week. The DoL has estimated that the new overtime rules will be extended to 4.2 million workers. Subject to the implementation of a Court Injunction as requested by more than 20 State Attorneys General, the new regulations are scheduled to take effect on December 1, 2016. Employers should begin planning for the change now. Who is Impacted? The new rules also do not change the classification of job duties that make an employee exempt from the FLSA. Rather, the new rules primarily affect those employees who are properly classified as executive, administrative or professional employees, and whose salary is between the old threshold and the new threshold.The new regulations require a worker to satisfy three criteria to be exempt from overtime requirements. First, they must be paid on a salary basis…
Read More