Experience   Dedication   Wisdom

For more than a century, Clifton Budd & DeMaria has represented management in labor and employment law matters. We provide management with legal services related to all aspects of the employer-employee relationship. We are committed to providing the highest quality legal services to all clients. We work closely with them to help solve their problems and attain their business objectives.

Recent Developments

U.S. Department of Labor Publishes New Overtime Rule

by Daniel W. Morris

The United States Department of Labor recently issued its long-awaited rule increasing the minimum salary for overtime eligibility. Effective December 1, 2016, the minimum salary threshold for most of the white-collar overtime exemptions will increase to $47,476 per year ($913 per week).

New York State Enacts $15 Minimum Wage

by Daniel H. Rowoth

New York Governor Andrew Cuomo recently signed into law a bill that gradually raises the minimum wage for many New York employers to $15 per hour by 2022.

Strategy to Increase Maximum Contributions

by Eva A. Rasmussen

For 2016, contributions to a stand-alone defined contribution plan are limited to $53,000 plus, in the case of a participant who reaches age 50 by the end of 2016, additional salary deferral contributions of $6,000 ("Catch-Up Contributions"). However, by utilizing a combination of plans qualified under Sections 401(a) and 403(b) of the Internal Revenue Code ("IRC"), contributions may be as high as $77,000.

IRS Guidance on Unconditional Opt-Out Payments

by Eva A. Rasmussen

Many employers offer employees a cash incentive (an "Opt-Out Payment"), if they waive coverage under the employer’s health plan. The rationale is that the Opt-Out Payment is less expensive than the employer's cost in subsidizing the coverage.

Court Denies EEOC Challenge of Wellness Plan

by Scott M. Wich

The Affordable Care Act (ACA) brought an emphasis on wellness programs and promoted the involvement of employers in improving the health of employees. At the same time, the EEOC (which has no role in the enforcement of the ACA) retains its responsibility under the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA) to limit employer inquiries into the health status of employees.