Management Update
Eugene Scalia Confirmed as Secretary of Labor
Last week, the Senate confirmed Eugene Scalia as the new Secretary of Labor, replacing Alexander Acosta. Acosta resigned in July because of his role in a Jeffrey Epstein federal plea deal.

Eugene Scalia is the son of Antonin Scalia, the late Supreme Court Justice. He has been a partner in a large corporate defense firm. He served Solicitor General for the U.S. Department of Labor in the late 2000s during President George W. Bush's administration.

The confirmation vote for Mr. Scalia was 53-44. No Democrats voted for him.
DOL Issues New Rule Regarding Minimum Salary Level for White Collar and HCE Overtime Exemptions
Beginning on January 1, 2020, employers must pay certain employees higher minimum salaries to keep them within a “white collar” or “highly compensated employee” (HCE) exemption to the federal overtime pay requirement.

Below, you'll find a chart comparing the current status of the law to the new Final
Rule.
To Qualify for White Collar Exemption
To Qualify for Highly Compensated Employee Exemption
Under the new Final Rule, employers will be permitted to use nondiscretionary compensation (e.g. bonuses and commissions) to satisfy up to 10% of the White Collar Exemption salary level, which can be paid on an annual or more frequent basis.

Employers will also be permitted to make one “catch-up” payment within one pay period after the end of each 52-week period to bring the employee’s compensation up to the required salary level. This “catch-up” payment may equal up to 10% of the required salary level.

The new law does not automatically update the minimum required salary levels, but the Department of Labor (DOL) anticipates updating the salary levels every four years through the regular notice-and-comment rulemaking.
Upcoming Labor & Employment Seminars
Breazeale, Sachse & Wilson, L.L.P. Labor & Employment Attorneys
John T. Andrishok
john.andrishok@bswllp.com
225.381.8020
David C. Fleshman
david.fleshman@bswllp.com
225.381.8055
Murphy J. Foster, III
murphy.foster@bswllp.com
225.381.8015
Alexandra Cobb Hains
alex.hains@bswllp.com
225.381.3175
Philip Giorlando
philip.giorlando@bswllp.com
504.680.5244
Leo C. Hamilton
leo.hamilton@bswllp.com
225.381.8056
Rachael Jeanfreau
rachael.jeanfreau@bswllp.com
504.584.5467
Steven B. Loeb
steven.loeb@bswllp.com
225.381.8050
Eve B. Masinter
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504.584.5468
Matthew M. McCluer
matthew.mccluer@bswllp.com
504.584.5469
E. Fredrick Preis, Jr.
fred.preis@bswllp.com
504.584.5470
Jacob E. Roussel
jacob.roussel@bswllp.com
225.381.3172
Melissa M. Shirley
melissa.shirley@bswllp.com
225.381.3173
Jerry L. Stovall, Jr.
jerry.stovall@bswllp.com
225.381.8042
Cody Waagner
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225.381.8049
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