About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 381- 2210 or
ralaniz@alaniz-law.com.
active during this past administration was the NLRB or Board. This was in keeping with President Biden’s pledge to strongly support unions. Even in a Republican administration the Board will be pro-union and anti-employer, at least until Republican appointees attain majority control. However, as noted previously regarding DOL field personnel, Board agents almost always find a way to rule in favor of unions over employers.
decides to litigate a charge before an Administrative prospects
for success are minimal.
And if an employer Law Judge (ALJ), The
Almost all ALJ’s are former Board agents with much the same attitude towards employers. All of this means that any workplace matters that arise under the NLRB’s jurisdiction will continue to be problematic for employers. There is one regulatory change that will occur irrespective of what administration is in power. That change is the increase in the minimum threshold salary for exemption from overtime pay scheduled for January 1, 2025.
The
minimum salary will increase from $43,888 annually ($844 weekly) to $58,656 annually ($1,128 weekly). As
with all mandated increases in minimum wages or salaries, it will result in some salary compression and pressure to increase other salaries as well.
Since
most employers have been increasing pay to try to keep up with inflation and attract and retain employees, the impact of the salary increase should not be significant for many. While difficult to be certain that any
of these specific scenarios will play out during the next four years, the recent past seems to confirm that they are the most likely.
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