Jeffrey H. Ruzal, a Senior Counsel in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was featured in SHRM.org, in “Comply with Overtime Rule Now to Facilitate Holiday Hiring,” by Rosemarie Lally.
Following is an excerpt:
Jeff Ruzal, an attorney with Epstein Becker Green in New York City, believes there is a "distinct possibility" that the new rule will affect holiday hiring of seasonal employees. This is especially likely in the retail and hospitality industries, where assistant managers may be hired on a temporary basis to supervise additional seasonal employees as well as to watch over a busier floor, he said.
"'Assistant manager' is the classic position where employers often run into trouble," Ruzal noted, because to qualify as exempt the employee must be paid the salary threshold amount and also meet the primary duties test. "An assistant manager or floor manager may be on the cusp of being an exempt employee because of the mix of job responsibilities," he said.
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