Monthly Archives: July 2016

  • Driving under the influence of drugs
    Permalink Gallery

    Should I hire an Attorney if I am charged with OUI for Drugs or Alcohol?

Should I hire an Attorney if I am charged with OUI for Drugs or Alcohol?

Should I hire an Attorney if I am charged with an Operating Under the Influence of Drugs or Alcohol?
If you have been arrested or charged with Operating Under the Influence (OUI) or what many states commonly refer to as Driving Under the Influence (DUI) then you are already discovering the complicated procedures of the criminal court and the effect that this charge can have on your life. You could have been charged with an OUI/DUI for alcohol or drugs. Operating under the influence of drugs is a growing concern for the public safety given the opiate epidemic plaguing the Commonwealth of Massachusetts and the near daily news coverage of resulting tragedies.  Given the increase in public concern the police have responded by charging individuals with OUI Drugs. This can lead to even more consequences than an OUI for alcohol because the police have the ability to contact the Registry of Motor Vehicles to suspend your license indefinitely as an immediate threat to public safety and if this happens the process for getting your license back is long and complicated.

If you are going to proceed in your case by having a trial, it is always in your best interest to be represented by an attorney that knows the rules of evidence, the trial procedures, and the best way to defend against these specific charges. An experienced attorney will also be able to look at the evidence against you and determine what motions need to be filed on your behalf. For example, to admit the results of a breath test against you at trial certain procedures needed to have been adhered to, and an attorney can look at the evidence and see if the proper procedures […]

Big Changes Ahead for Overtime Exempt Employees

Big Changes Ahead for Overtime Exempt (Salaried) Employees

The Fair Labor Standards Act (FLSA) was a revolutionary act established during the “New Deal” phase of President Franklin D. Roosevelt’s presidency. The act established, for the first time, minimum wage requirements, overtime laws and created the standard work week for all Americans. Over time additional requirements have been added creating the current federal standards for employment pay in the United States.

Most recently, President Obama directed the Department of Labor to update some of these regulations. Included in this directive was a request to increase the compensation for executive, administrative, and professional (“EAP”) employees, often called overtime exempt or salaried employees. Prior to this directive, the last increase to the minimum requirement for the base salary of these EAP employees occurred in 2004 and required that EAP employees be paid a minimum of $455.00 per week or $23,660.00 annually.

As one could imagine, this regulatory scheme was quite beneficial to employers, as those employees who satisfy the “duties test” (the test designed to indicate whether an employee constituted an executive, administrative, or professional employee) were exempt from being paid overtime for all hours worked in excess of forty (40) hours so long as they were provided with compensation equal to or greater than $23,660.00 annually. This is no longer the case however; as the Department of Labor’s new regulations will substantially increase this amount to more than double the current level.

The final rule promulgated by the Department of Labor calls for the following changes to the current FSLA:

1. Sets the new standard salary compensation at the 40th percentile of the salary of full-time employees in the lowest wage census region. Currently the lowest wage census region is the […]