On November 22, 2016, a federal district court in Texas granted a preliminary injunction that temporarily blocks the U.S. Department of Labor (DOL) from implementing and enforcing its recently revised regulations on the white collar exemptions to the Fair Labor Standards Act (FLSA). The regulations, which were released in May and scheduled to go into effect on December 1, would more than double the minimum salary requirement certain executive, administrative, and professional employees must receive in order to be exempt from overtime.
Employers should note that this is only a temporary injunction, not a permanent one. The injunction applies nationwide and simply prevents the regulations from going into effect on December 1. There will be a decision issued at a later date on the actual merits of the case, so changes in the FLSA salary threshold for exemption may be back.
Impact for Employers
For many employers, this is good news for the time being. As a result, employers that have not made the necessary changes to their compensation plans have more time to plan for the changes in the event the regulations are upheld. Employers that have already made changes to their compensation plans will need to determine if they want to continue with the changes, suspend the changes, or roll back those changes pending any legal developments. These decisions should be made in accordance with any applicable state or local laws. Employers should consult their attorneys to determine what course of action is best for them.
For more information visit ThinkHR to monitor developments and keep you informed of any changes.
As an Arizona resident and small business owner, I am deeply troubled by a threat to one of our growing economies — the vaping industry. If left unchanged, a provision in new rules by the Food and Drug Administration (FDA), called the “predicate date,” will force all vapor products produced after 2007 to undergo a costly and time-consuming approval process. Vapor shop owners and convenience stores will have to pay untold sums in the process while waiting months or years for approval — the result of which will inadvertently over-regulate the industry out of existence in Arizona. Businesses could close down, jobs could be lost, taxable Arizona revenue may go out of state and consumers could be denied of the choices they want and deserve.
While the FDA may have had good intentions, their rule will not improve oversight of the tobacco industry, instead, it will cause an unnecessary prohibition of the very products consumers are increasingly demanding to curb smoking traditional cigarettes. We cannot allow the predicate date of the rules to remain as-is—it’s bad for business, it’s bad for consumers, and it would reverse constructive progress in public health spurred by the vapor industry.
Thankfully, Congresswoman Martha McSally can help save Arizona’s vapor industry and, therefore, I am urging her, along with her colleagues, to take action as soon as possible to fix the FDA’s regulation. The Cole-Bishop Amendment is just the solution we need as it will update the predicate date from 2007 to 2016.
This small but important change will provide vapor businesses a more workable timeframe in complying with the review process for new and developing vapor products, which will keep businesses open, support innovation in the vapor industry, and ensure Arizonians can continue to access less harmful substitutes to traditional tobacco products that many consumers have increasingly come to rely on.
This issue is important because it is a matter of regulations keeping pace with marketplace advancements and supporting consumer choice. I hope, for the sake of Arizona’s economy and for consumers, Congresswoman McSally supports the Cole-Bishop amendment and urges congressional leaders to include it in any of the remaining spending bills Congress must pass this year.
Previous occupations: DSET Laboratories IT Manager since 1993.
Education: USNavy and three years at UOP with a 3.85 GPA.
Family: Married with four children and 7 grandchildren
What is your party registration and how long have you been registered as a member of that party: Republican since 1980.
Clubs/Organizations you currently belong to: I’m a PC in the LD21 Republican Party
Are you using public funds in your campaign: NO I am not.
Section 2: Getting to know you
If you could sum up your platform with three key issues, what would they be:
Grow Economy – To grow the economy you must grow and create jobs. This is best done with small business whether it is new startups, growing existing businesses or importing businesses from elsewhere. We must keep the regulatory burden in check eliminating unnecessary regulation. Finally, we must keep corporate taxes low and reduce where we can. For too long AZ has been cutting individual taxes while ignoring corporate taxes.
Education – I believe in school choice which I think leads to competition between schools. When you have competition you have improvement. Arizona has three of the top ten schools in the nation so it’s not entirely a money issue. We need to emulate those top schools and keep our best teachers. AZ is ranked last in the nation for teacher pay so it is difficult, at best, to attract good teachers. Along with increased pay comes increased accountability so we can ensure teachers and schools are performing to our standards.
Transportation – Another key for business in AZ is our highways. AZ is in a great position to grow if we have a good highways, railways and modern airports. If we can manufacture goods in AZ and export them elsewhere that would be good for AZ. AZ could be a trade hub with Texas not far to our east, Mexico to our south and California to our west. Goods could ship overseas via California, south to Mexico and all over the country via rail and interstate highways. We must maintain our existing roadways and be ready to expand as needed.
Name one achievement, either professionally or personally, which you are most proud of: The opening of our family business.
What are your thoughts on the current Presidential election: I was so exited by some of the candidates when it all started last summer. However my candidate didn’t win, but I will support the one that did.
Section 3: ISSUES
1. What are your thoughts on Arizona’s sharing economy, specifically, do you believe that it needs more regulation or less regulation: Less regulation.
2. What are your views on companies like Uber and Lyft? Do you think there is merit in the argument that commercial hotels and car services are making that the sharing economy needs more regulation: I’d like to see the government stay out of it. If people want to use those services so be it at their own risk.
3. Name two areas where you believe there is too much Government regulation (either on a state or federal level): The EPA and the Army Corps of Engineers are out of control. At the state level and one that I have to deal with is the Maricopa County Health Department. My wife and I started a family business last summer (2015) which is a mobile food kitchen called K Star Ranch BBQ, LLC. Since then we experienced first hand the burdensome regulations put on some businesses. For example they regulate the size of our serving windows, whether they are self closing and if they have a wind screen or not. They regulate the size of fresh water tanks, the material used to cover the interior walls, floors and ceiling. The list goes on and on.
4. Do you believe that crony capitalism is a problem in Arizona? If so, how would you change that: Yes. I don’t believe in picking winners and losers. If an idea or product is good it should not need subsidized.
5. Recently, many companies have left Arizona citing the lack of an employable workforce. Do you see this to be a true problem in Arizona and if so, what do you think can be done to fix it: I think it is a perception rather than a fact, however we must be able to overcome this perception. I do believe most school districts under fund the classroom. As stated above I believe the money should follow the student which leads to competition between the schools for the dollars. I also believe that the school boards need to ensure the money goes to the classroom so AZ schools can compete with other states in bringing in the best teachers. I also believe in pay for performance so if a teacher does well they should be rewarded.
6. Subsidies have become prevalent in our economy, often times artificially supporting an entire industry for extended periods of time. What are your views on subsidies: I don’t like them. A business or idea should be able to stand on it’s own without government assistance.
7. Is there an Arizona industry which you believe relies too much on subsides: Yes, solar companies.
8. Do you think that Arizona should lower its corporate property tax with the goal of encouraging new businesses to move here? If so, what do you think the new rate should be: Yes I do. I think the property tax is very complicated. It needs to be reworked. At the least property taxes should be level for all meaning that business and residential should be equal.
Occupation: State Representative, residential remodel
Previous occupations: Price Waterhouse accounting, Walt Disney, aerospace, software industry and IT, UCLA Ext. instructor, K-12 public education, Firefighter EMT,
Education: B.A. Liberal Arts
Family: married with a daughter and son
What is your party registration and how long have you been registered as a member of that party: Republican for 41 years
Previous public offices you’ve sought/held: State Representative for 4 years
Clubs/Organizations you currently belong to: GOP
Are you using public funds in your campaign: Y/N N
Section 2: Getting to know you
If you could sum up your platform with three key issues, what would they be: growing AZ jobs and economy, improving choice in affordable effective education, protecting and increasing state’s rights
Name one achievement, either professionally or personally, which you are most proud of: my family and my business and political experiences
What are your thoughts on the current Presidential election : I support my party’s candidate
Section 3: ISSUES
1. What are your thoughts on Arizona’s sharing economy, specifically, do you believe that it needs more regulation or less regulation: less regulation, AZ needs more job creators and expanded economy
2. What are your views on companies like Uber and Lyft? Do you think there is merit in the argument that commercial hotels and car services are making that the sharing economy needs more regulation: less regulation, I support creative business models like Uber and Lyft
3. Name two areas where you believe there is too much Government regulation (either on a state or federal level): federal control over AZ lands (only 17% in private hands and generating taxes for education and local government) and federal regulation on healthcare and education
4. Do you believe that crony capitalism is a problem in Arizona? If so, how would you change that: we need an open economy where all businesses are treated equally
5. Recently, many companies have left Arizona citing the lack of an employable workforce. Do you see this to be a true problem in Arizona and if so, what do you think can be done to fix it: I do not fully believe this argument, however we must hold AZ K-12 education responsible for producing quality graduates who are fully prepared for higher education and employment
6. Subsidies have become prevalent in our economy, often times artificially supporting an entire industry for extended periods of time. What are your views on subsidies: I do not support subsidies, I believe that we need to have low taxes and regulations and give our businesses the best environment where they can compete and be successful
7. Is there an Arizona industry which you believe relies too much on subsides: not at the state level
8. Do you think that Arizona should lower its corporate property tax with the goal of encouraging new businesses to move here? If so, what do you think the new rate should be: I would like to eliminate all personal and business property and income taxes and switch to consumption (sales, TPT) taxes instead
To learn more about Bob Thorpe visit his website at www.thorpe4az.com
Bob Thorpe is a LD 6 House Candidate. He is running against: Brenda Barton, and Alex Martinez ( D )
Recent Comments