News from 2016

Surveillance Videos Obtained by Police are not Public Records

The Commonwealth Court has reaffirmed that video recordings created by private parties that come into the possession of the Pennsylvania State Police (PSP) in the course of a criminal investigation are exempt from disclosure under the RTKL and the Criminal History Records Information Act (CHRIA). Pennsylvania State Police v. Kim, 321 C.D. 2016 (Pa… Read On

Comp Time and the New Overtime Rules

As employers consider changing employees from salaried to hourly to comply with the higher salary level requirement in the new overtime rule, they should be mindful of the proper and improper uses of comp time. The FLSA permits comp time when it is taken in the same week as the extra hours worked.  The following example demonstrates a permissible use of comp time under the FLSA: An employee… Read On

A Common Misconception about the New Overtime Rules

With December 1 rapidly approaching, it is worth readdressing one of the most common misconceptions with the new overtime rule: Is an employer required to raise the salary of all of its currently exempt employees to $47,476 if they regularly work overtime hours and the employer wants them to continue doing so? No! There are several ways to comply with the new rule without raising compensation for currently exempt employees… Read On

Individual Coverage Under New FLSA Rule

In our last update, we discussed “enterprise coverage” under the Fair Labor Standards Act (“FLSA”). If enterprise coverage does not apply to an employer’s employees, some or all of these employees may still be covered under “individual coverage,” which could determine whether your employees are subject to the FLSA’s overtime provisions. Individual coverage applies when an employee is engaged in interstate commerce. … Read On