News

Riccio and Bryant Join ZSWS

Posted on Oct, 28 2019

Christopher Riccio and Erik Bryant have joined Ziemer Stayman Weitzel & Shoulders, LLP as associate attorneys.

Chris Riccio

Chris Riccio

Chris Riccio’s practice is focused on civil litigation, family law, and municipal law.  Chris, a native of Owensboro, Kentucky, graduated Magna Cum Laude from Wake Forest University in 2012 with Honors with a Bachelor of Arts in Political Science and a minor in Chemistry.  While at Wake Forest University, he was inducted as a member of Phi Beta Kappa Honor Society and received the Jack D. Fleer Award for Excellence in Honors in Political Science, which is given to the graduating senior who has qualified for Honors and is deemed by a departmental committee to have written the best senior thesis.  Before law school, he interned in Washington, D.C. in the United States Senate.  Chris obtained his law degree from Duke University School of Law in 2017.  Chris is licensed to practice law in Indiana and Kentucky.

 

Erik Bryant

Erik Bryant

Erik Bryant’s practice is focused on a wide range of civil litigation matters, including corporate defense and municipal law.  Erik, an Evansville native, graduated from Wabash College in 2014 with a major in Spanish and a minor in Rhetoric.  As an undergraduate, Erik also participated on the baseball team and studied abroad in Valencia, Spain, where he gained valuable speaking skills in the Spanish language.  Erik received his law degree from Indiana University Robert H. McKinney School of Law. During his time in law school, Erik served as a clerk in the chambers of the Honorable Judge Melissa S. May and assisted in the drafting of appellate opinions.  Erik also worked as a clerk for the Office of the Indiana Attorney General (“OIAG”) in the Medicaid Fraud Control Unit.  After successfully passing the Indiana Bar Exam, Erik served as a Deputy Attorney General handling cases from nearly every section of the OIAG, including Consumer Protection Litigation, Medical Licensing Enforcement Litigation, Criminal and Civil Appeals, Asset Recovery and Bankruptcy Litigation, Administrative and Regulatory Enforcement Litigation, and Correctional Litigation.  Erik is licensed to practice law in Indiana.

 

If you would like more information about Chris Riccio, please call Mr. Riccio at (812) 424-7575 or email him at criccio@zsws.com.

If you would like more information about Erik Bryant, please call Mr. Bryant at (812) 424-7575 or email him at ebryant@zsws.com.

FLSA UPDATE: Department of Labor Issues New Overtime Pay Rules for “White-Collar” Employees

Posted on Sep, 24 2019

By: Joshua B. Gessling

On September 24, 2019, the U.S. Department of Labor (DOL) released its final rule increasing the minimum salary requirement for white-collar-exempt workers under the Fair Labor Standards Act (FLSA) from $23,660 (annualized) to $35,568 (annualized).  The new rule also increases the salary level required for highly compensated employees from $100,000 to $107,432.

Workers classified as exempt under one or more of the white collar exemptions – which includes employees classified as exempt under the executive, administrative, and professional exemptions – must generally receive a minimum salary level, be paid on a salary basis, and actually perform certain job duties.  While the DOL’s new rule raises the minimum salary level, the job duties and salary basis tests remain unchanged.

The DOL’s new rule is effective January 1, 2020.  It is anticipated that the DOL’s new rule will require employers to reclassify over one million workers from exempt/overtime ineligible to non-exempt/overtime eligible.

Employers are encouraged to consider how this change will impact the continued classification of certain employees as exempt.  Employers must decide prior to January 1, 2020, whether individuals making less than the soon-to-be-implemented minimum salary level should receive a pay adjustment or be reclassified as non-exempt/overtime eligible.  Employers must also determine the extent to which such changes impact budgets, recruitment, and hiring.  As a broader effort to ensure compliance with wage and hour laws, employers may also consider reassessing the job duties of exempt employees who make or will make more than the new minimum salary level as of January 1, 2020, to ensure these employees continue to actually perform the job duties required under the applicable exemption.

If you have questions about how the DOL’s final rule might impact your business, please contact the ZSWS lawyer with whom you regularly work or any member of the firm’s labor and employment law practice team.

Best Lawyers Names Top Lawyers in America: Five ZSWS Partners Recognized

Posted on Aug, 21 2019

Ziemer Stayman Weitzel & Shoulders, LLP (ZSWS) is pleased to announce that several members of the firm have been selected by their peers for inclusion in The Best Lawyers in America, 2020 edition, in recognition of their work in various areas of the law, including corporate law, litigation (first amendment), real estate, land use and zoning, construction law, bankruptcy and creditor-debtor rights, and insolvency and reorganization law.  ZSWS lawyers selected for inclusion in the 2020 edition include Patrick A. Shoulders, Marco DeLucio, Jeffrey W. Henning, Dirck H. Stahl, and Nick Cirignano.

Best Lawyers was founded in 1981 with the purpose of recognizing extraordinary lawyers in private practice through an exhaustive peer-review process.  Selection is based on a peer-review survey and an analysis of votes received by millions of participants.

Breaking: Pay Data Reporting Due September 30, 2019

Posted on Apr, 25 2019

By: Joshua B. Gessling

According to a federal judge’s ruling today, employers with 100 or more workers and certain federal contractors must turn over 2018 pay data to the EEOC by September 30, 2019.  Pay data must be sorted based on sex, ethnicity, and race.

Employers will also be required to provide pay data for either 2017 or 2019, but this issue is currently unresolved because the court afforded the EEOC an opportunity to select the second year for which it will collect pay data at a later date.  We anticipate the EEOC will make its selection next week and update the public via its website and a press release.

Given the fast-approaching deadline for compliance and the possibility of an appeal — which could impact these deadlines — employers are urged to follow legal developments in this area carefully.  If you have questions regarding pay data reporting requirements, contact the ZSWS lawyer with whom you regularly work or Joshua B. Gessling (jgessling@zsws.com) for assistance.

Josh Gessling to speak at Evansville-Area Human Resource Association’s (EHRA) Spring Conference

Posted on Apr, 19 2019

ZSWS labor and employment lawyer Joshua B. Gessling will be a featured speaker at Evansville-Area Human Resource Association’s (EHRA) Spring Conference on Wednesday, April 24, 2019.  Gessling will present Practical Strategies for Conducting Workplace Investigations and Eliminating Unconscious Bias from the Investigative ProcessGessling will introduce practical tips aimed at formalizing the workplace investigative process, avoiding unconscious bias, and successfully navigating post-investigation issues.  Gessling will also lead a mock investigative interview applying these principles.

EHRA’s Spring Conference will be held at Old National Events Plaza in Ballroom A from 7:30 a.m. to 4:30 p.m.  Gessling is scheduled to speak from 10:30 a.m. to 12:15 p.m.

Additional information regarding the event, pricing, and registration is available at https://ehranet.org/.  EHRA is an affiliate chapter of the Society for Human Resource Management, and is the leading professional association for human resource professionals in the tri-state area, including Southwestern Indiana, Kentucky, and Southern Illinois.