Exempt Employee Salary Threshold to Change in 2016

By Attorney Nicholas J. Vlies of Lin.Liebmann LLC

On July 6, 2015 the Wage and Hour Division of the Department of Labor issued a proposed rule that, among other things, seeks to change the minimum salary an employee must be paid to qualify as an exempt executive, administrative or professional (“EAP”) employee.  If an employee meets the EAP exemption criteria, then the employer is not required to pay that employee for overtime.

As it stands, the minimum weekly salary to qualify for the EAP exemption rate is $455 per week.  The proposed rule seeks to change the minimum salary to the 40th percentile of full-time salaried employees, which based on 2013 salary data is $921 per week and $970 per week ($50,440 per year) based on projected 2016 salary data.  Moreover, the minimum salary would automatically adjust each year.  The Department of Labor has proposed two possible methods to update the minimum salary automatically each year.  The first method pegs the minimum salary to the 40th percentile of full-time salaried employees.  The second method adjusts the minimum salary based on inflation.

Additionally, the Department of Labor is considering whether nondiscretionary bonuses should be included in calculating the EAP exemption salary threshold.  In the event that the Department decides to include nondiscretionary bonuses, the bonuses would only be permitted to account for 10% of the minimum salary level.  For example, if the minimum salary to qualify as an exempt EAP employee is $50,000 per year, nondiscretionary bonuses would only be able to account for $5,000 of the $50,000 threshold.  Moreover, if discretionary bonuses are included, then payment of such bonuses will likely be required on a monthly or more frequent basis.   At this point in time the Department of Labor is not considering the inclusion of discretionary bonuses in calculating the total salary for EAP exemption purposes.  The Department is also not considering the inclusion of annual catch-up payments.

The proposed rule also aims to increase the salary level to qualify for the highly compensated employees (“HCE”) exemption.   Currently the HCE exemption salary threshold is $100,000.00 per year, but the proposed rule would increase the threshold to a salary equal to the 90th percentile of earnings for full-time salaried workers.  Based on the 2013 salary data, the HCE exemption salary threshold would be $122,148 annually.  One of the two automatic update methods mentioned above would be used to update the HCE exemption salary threshold annually.

Employers still have time to plan for the adjustments that will be necessary in light of the proposed changes as the final rule will likely not be published until sometime in 2016.  While the final rule could differ from the proposed rule, employers would be wise to begin planning for significant changes in 2016.

If you have any questions regarding the proposed rule feel free to call us at 920-393-1190.

October Volunteer of the Month

Rachel Charles, a paralegal with our firm, received the October Volunteer of the Month award from the Bay Area Humane Society (BAHS) in Green Bay. BAHS wrote: “Rachel started out as a dog docent but has become so much more. She pours so much love and energy into our canine friends and still finds time to help with info booths and adoption events. From the staff, volunteers, and the animals who have been with BAHS, we want to thank you, Rachel, for everything that you do for them! Whether you are stopping by on your lunch breaks to spend time with a needy animal or buying toys at Petco after a BAHS dog has shredded them, everything that you do is for the animals. We are incredibly lucky to have a volunteer like you!”

Evan Lin Named Super Lawyer 2015

Evan Y. Lin, an attorney and managing member of Lin.Liebmann LLC, has been named to the 2015 Wisconsin Super Lawyers list as one of the top lawyers in Wisconsin by the publishers of Super Lawyers® Magazine. Each year, only 5% of attorneys in Wisconsin are named Super Lawyers. Evan was previously named to the Wisconsin Rising Stars list five times in Estate Planning and Probate by the same publication.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Evan Y. Lin Awarded Accredited Estate Planner

Evan Y. Lin has been awarded the Accredited Estate Planner® designation by the National Association of Estate Planners & Councils. The Accredited Estate Planner designation is a graduate level specialization in estate planning obtained in addition to already recognized professional credentials within the various disciplines of estate planning and recognizes estate planning professionals who meet stringent requirements of experience, knowledge, education, professional reputation, and character.

Marital Property and Wills/Estate Planning

We have added consumer pamphlets from the State Bar of Wisconsin to the Estate Planning section of our website regarding both Marital Property and Wills/Estate Planning. These pamphlets are available to help you find answers to legal issues and are written in easy-to-understand language. These are PDF files, so you will require Adobe Acrobat Reader to open them. Read More

St. Norbert College Mock Trial Team Qualifies for National Competition

DE PERE, WIS.: The St. Norbert College mock trial “A” team was one of eight teams at the 2014 Upper Midwest Durst Memorial Regional Tournament on Feb. 22-23 to qualify for the first round of the Mock Trial National Tournament. The tournament will take place in Waukegan, Ill., March 14-16. St. Norbert College competed against 24 other teams from across the Midwest.

The St. Norbert College team is coached by Brown County circuit court judge Marc Hammer, Bret Liebmann of the law firm of Lin.Liebmann LLC, Tim Hogan of the law office of Timothy Hogan, LLC, Tricia Nell of Tricia Nell Law Office, S.C., and St. Norbert College associate professor of political science Charley Jacobs.

Team members include Austin Plier (Port Washington, Wis.), Janelle Krummen (Lodi, Wis.), Katie Hall (Waverly, Ill.), Amber Saskowski (Milwaukee), Matt Maloney (Chicago), Elly Weibusch (Appleton, Wis.), Ben Anderson (Kenosha, Wis.), Kaitlyn Bunker (Green Bay, Wis.), Katrina Geurts (De Pere, Wis.), Alex Kaminski (Greenville, Wis.) and Sarah St. John (Rockford, Ill.).

St. Norbert College also tied for the Spirit of AMTA (American Mock Trial Association) Award that recognizes the team that best exemplifies the spirit and sportsmanship of the event.

For more information, visit http://www.collegemocktrial.org or contact Charley Jacobs at charles.jacobs@snc.edu or 920-403-2965. View original press release.

Lin.Liebmann LLC one of seven finalists for “Next Generation Best Place to Work”

The award is presented to businesses that demonstrate a commitment to development of young professionals, adopt work-friendly policies, value generational difference and attract and retain young talent. We were very honored to be recognized as a finalist for the award and believe it represents how hard we work to make Lin.Liebmann a fun, friendly, positive place to work!

Bert Liebmann to receive Distinguished Alumnus Award

The Distinguished Alumnus/a of the Year Award is a recognition program sponsored by the Notre Dame Academy Board of Education.  It is designed to consistently and publicly honor the tradition and heritage of Notre Dame Academy and salute the achievements of our alumni.

This award honors an alumnus of Abbot Pennings High School, St. Norbert High School, Our Lady of Premontre High School, Central Catholic High School, St. Joseph Academy or Notre Dame de la Baie Academy. Bert is a graduate of Our Lady of Premontre High School, Class of 1960.

Nominations for the Distinguished Alumnus/a of the Year Award come from the greater NDA community:  alums, current and past parents, friends, and staff.  An Awards Committee determines final candidates.  The Awards Committee’s membership includes the NDA President, Principal and Director of Development.  The presentation of the award will occur at the annual President’s Dinner on May 1, 2013.

The criteria:

  • Nominees must be alumni of one of the six schools
  • Distinguish themselves through excellence in their profession or
  • Distinguish themselves through exceptional service, volunteerism or contribution to the community or church
  • Display loyalty to the ideals of Catholic education