Department of Labor’s New Overtime Rule Overturned by Federal Court in Texas

On November 15, 2024, in State of Texas v. Dep’t of Labor, the US District Court for the Eastern District of Texas overturned a Department of Labor rule that would have increased the number of employees subject to the Fair Labor Standards Act (FLSA). The rule established by the Department of Labor in April of 2024 increased the minimum salary at which executive, administrative, and professional (EAP) employees are exempt from minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). In their opinion, the court held that the Department of Labor’s 2024 rule should be overturned because it was an unlawful exercise of agency power that went beyond the scope of the authority granted to them by Congress.

Impact of the Ruling

The ruling in State of Texas v. Dep’t of Labor impacts the entire nation because it prevents the Department of Labor’s 2024 rule from going into effect. As a result, the minimum salary threshold reverts back to $35,568 per year for executive, administrative, and professional employees to be exempt from overtime pay. The Department of Labor can still appeal this decision but with the impending change of administration, they are unlikely to do so.

Still, employers should keep in mind that despite this ruling, states are allowed to set a higher minimum salary for exemption than the ones set by federal law. In Massachusetts, an employee has a right to overtime pay if they work more than forty hours in one week and are not on the list of exempted workers. In Rhode Island, the minimum weekly salary for exempt executive employees is $200 per week. However, employers cannot use the exemption unless the employees are paid at least the standard minimum wage if their salaries are computed on an hourly basis.

Practical Takeaways

In light of the court’s ruling law, employers should:

  • Review the job descriptions and salaries of your employees to see if they are exempt from the federal standards set forth in the Fair Labor Standards Act.
  • Review your state laws regarding overtime pay.

How Lawyers Can Effectively Leverage Their Published Articles

Writing and publishing articles or blog posts can be a powerful branding and business development tool for lawyers. Not only do they demonstrate your expertise in your practice area, but they also significantly enhance your visibility and credibility.

However, your work doesn’t end once the article is published – in fact, it’s just beginning. Here are some tips to maximize the value, reach and impact of your published work.

1. Optimize for Online Search First and foremost, ensure your article is search engine optimized (SEO). This means incorporating relevant keywords that potential clients might use to find information related to your legal expertise. SEO increases the visibility of your content on search engines like Google, making it easier for your target audience to find you.

2. Share on Social Media Utilize your personal and professional social media platforms to share your article. LinkedIn, Twitter and even Facebook are excellent venues for reaching other professionals and potential clients. Don’t just share it once; periodically repost it, especially if the topic is evergreen. Engage with comments and discussions to further boost your post’s visibility.

3. Incorporate Into Newsletters If you or your firm sends out a regular newsletter, include a link to your article. This not only provides added value to your subscribers but also keeps your existing client base engaged with your latest insights and activities. This approach can help reinforce your position as a thought leader in your field. Also, consider launching a LinkedIn newsletter. LinkedIn’s platform offers a unique opportunity to reach a professional audience directly, increasing the potential for networking and attracting new clients who are actively interested in your area of expertise.

4. Speak at Conferences and Seminars Use your article as a springboard to secure speaking engagements. Conferences, seminars and panel discussions often look for experts who can contribute interesting insights. Your article can serve as a proof of your expertise and a teaser of your presentation content, making you an attractive candidate for these events.

5. Create Multimedia Versions Expand the reach of your article by adapting it into different formats. Consider recording a podcast episode discussing the topic in depth, or creating a short-form video for LinkedIn and YouTube. These formats can attract different segments of your audience and make the content more accessible.

6. Network Through Professional Groups Share your article in professional groups and online forums in your field, as well as alumni groups (law school, undergrad school and former firms). This can lead to discussions with peers and can even attract referrals. Active participation in these groups, coupled with sharing insightful content, can significantly expand your professional network.

7. Use as a Teaching Resource Offer to guest lecture at local law schools and use your article as a teaching resource. This not only enhances your reputation as an expert but also builds relationships with the upcoming generation of lawyers who could become colleagues or refer clients in the future.

8. Repurpose Content for Blogs or Articles Break down the article into smaller blog posts or develop certain points further into new articles. This can help maintain a consistent stream of content on your website, which is good for SEO and keeps your audience engaged over time.

9. Monitor and Engage with Feedback Keep an eye on comments and feedback from your article across all platforms. Engaging with readers can provide insights into what your audience finds useful, shaping your future writing to better meet their needs. It also helps in building a loyal following.

10. Track Metrics Utilize analytics tools (web, social media and email) to track how well your article performs in terms of views, shares and engagement. This data can help you understand what works and what doesn’t, guiding your content strategy for future articles.

11. Leverage the Power of Content Repurposing Content repurposing can significantly extend the life and reach of your original article. By transforming the article into different content formats—such as infographics, webinars, slide decks or even e-books—you cater to various learning styles and preferences, reaching a broader audience. This strategy not only maximizes your content’s exposure but also enhances engagement by presenting the information in new, accessible ways. Repurposing content can help solidify your reputation as a versatile and resourceful expert in your field.

Publishing an article or blog post is just the beginning. By strategically promoting and leveraging your published works, you can enhance your visibility, establish yourself as a thought leader and attract more clients. Every article has the potential to open new doors; it’s up to you to make sure it does!

Smart Lawyer Marketing: The Benefits of Becoming an Adjunct Professor or Guest Lecturer

If you’re a lawyer looking to stand out and grow your practice, here’s a strategy worth considering: becoming an adjunct professor or guest lecturer. This isn’t just about adding a title to your resume; it’s about enriching your professional credentials, elevating your personal brand, building connections with the community and opening doors to new opportunities. Here’s why venturing into academia could be a smart move for your legal career and how to do it.

  • A Spotlight on Your Expertise: Engaging in a teaching role will elevates your visibility within the academic and legal communities. Universities are vibrant ecosystems of learning, networking and professional exchange. By sharing your knowledge and experience in such settings, you not only enrich the learning environment but also spotlight your expertise to a broader audience. It’s an effective way to get noticed and remembered in the circles that matter.
  • Networking with Purpose: Teaching at a university isn’t just about imparting knowledge; it’s a dynamic platform for meaningful networking. Every semester offers a new opportunity to connect with ambitious students, fellow educators, and visiting professionals. These connections can lead to new business opportunities, collaborations and referrals. Building a network in such a rich environment can provide a steady stream of advantages for your legal practice.
  • Establishing Your Thought Leadership: There’s no better place to showcase your legal acumen than in a classroom or lecture hall. Teaching allows you to demonstrate your depth of knowledge and commitment to your field, helping to establish you as a thought leader among your peers and potential clients. Engaging with students and faculty on complex legal issues not only reinforces your standing but also keeps you at the cutting edge of legal developments.
  • The Dual Benefit of Learning: While teaching, lawyers often find themselves learning alongside their students. Because a professor and lecturer must stay current and deeply understand the subjects they teach acts as a catalyst for personal and professional growth. This continuous learning cycle not only enhances your legal practice but also ensures that your teaching is informed, relevant and highly valued.

How to Become an Adjunct Professor or Guest Lecturer

If you’re interested in becoming an adjunct professor or guest lecturer, here are some steps to get you started:

  • Get Your Credentials and Experience in Order: An advanced degree is usually required for adjunct positions, but if you’re eyeing more prestigious spots or specialized subjects, a PhD might be necessary. Beyond degrees, real-world experience in your field isn’t just icing on the cake—it’s another layer of cake. It shows you can apply what you teach outside the classroom, making your lessons more relevant and engaging.
  • Network Like a Pro: Building connections is key in academia, but think of it as making friends rather than networking. Attend events, engage in discussions and be active in online communities related to your field. It’s about finding your tribe—people who share your interests and can tip you off to opportunities you might not find on your own.
  • Bolster Your Teaching Credentials: If teaching isn’t something you’ve done a lot of, look for opportunities to get some practice. This could be anything from volunteer teaching gigs, leading workshops or even taking on a teaching assistant role. These experiences are valuable not just for what they teach you about instructing others, but they also give you stories and insights you can share when you apply for jobs.
  • Polish Your Application: Your application is your chance to shine. Make sure your CV is not only comprehensive but clear and engaging. Cover letters should be tailored to each application, showing why you’re excited about the position and what makes you a great fit. Don’t forget a teaching statement that reflects your unique approach and philosophy towards education.
  • Apply Thoughtfully: While casting a wide net could result in the kind of role you are seeking, aim for opportunities that truly resonate with your expertise and teaching style. Explore various institutions, from community colleges to universities, and don’t overlook less traditional teaching environments that might be in need of your particular skill set.
  • Stay Curious and Keep Growing: Staying informed and continually developing your skills is important. Seek out professional development opportunities, stay abreast of new research in your field and be open to new teaching techniques (including technology advancements) and methodologies. Your growth as a professional not only enriches your teaching but also makes you more attractive to potential employers.

KEY TAKEAWAYS

  • Enhanced Visibility: Teaching roles at universities put you in front of an engaged audience, amplifying your professional visibility.
  • Strategic Networking: The academic environment offers unparalleled networking opportunities with future and current lawyers, colleagues and industry experts.
  • Thought Leadership: Sharing your expertise as a teacher reinforces your status as a knowledgeable and respected professional in your field.
  • Continuous Learning: The act of teaching encourages ongoing education, keeping you at the forefront of legal developments and practices.

Teaching as an adjunct professor or guest lecturer offers a lawyers strategic benefits beyond traditional networking and marketing efforts. It provides a platform for visibility, a hub for networking, a stage for establishing thought leadership and an opportunity for personal growth.

The Power of Professional Presence

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Transitioning from school – – college, law school, grad school, etc. can be a shocking and confusing time for a young professional.

Until now, you may have gotten up, thrown on a pair of jeans and a t-shirt and been good to go.  Transitioning into the professional world and the manner in which you present yourself every day can either strengthen your reputation or detract from it. And, in some extreme cases, ruin it.

Understanding that it may seem frivolous to be so picky on how you dress and how you present yourself, let me assure you, it is not. It matters, every day. The manner in which you “show up” speaks volumes not only about how you feel about yourself, but the respect with which you regard those around you and your position.

If you have not heard this before, and I hope you have, below is a list of “best practices” to use as a reminder for those items to be attentive to any day you may interact in a professional setting:

For Women:

DO

  • Make up. Apply at least a little foundation as it provides a smooth finish on your skin. Just a smidge of blush, a whisper of lip gloss (not the super shiny kind that blinds us), a bit of mascara and brow pencil to frame your face, and you’re good.  I understand some women have no interest, patience, or time for make-up but it matters in the overall professional presence. Not to go overboard on too much color in the office, but rather to enhance your natural beauty.

Be mindful of:

  • Skirt and dress length. To the knee is appropriate in a workplace so as not to create any awkward situations should you bend or stoop down.
  • Blouse and top necklines. Though you may be proud of your well-endowed chest, the office is not the place to show it off. Believe me, the fellas won’t mind but “the” fella who is in charge of your professional progression, will notice that you appear a little “loose”…not in a good way.
  • Shoes– yep, women love shoes, but the stilettos and ankle breakers are not for the office. Leave them for the Saturday night clubs. Invest in a couple of pair of boring pumps (black, navy and neutral) and you’ll be good.
  • Hair – it is not an accessory. Fix it and let it be. It is distracting to see women lawyers constantly with their hands in their hair, tossing it, curling it, flipping it around. If you are nervous, then doodle. Messing with your hair in the office around others does not speak well of you. Don’t do it.

Putting one’s best foot forward (literally and figuratively) will get you noticed and heard quicker and more positively than showing up on shaky group in connection with your professional image.

I’ve addressed some helpful hints for guys below to take note of for a stronger professional presence.

For Guys

DO

  • Shave before coming to work. Maybe that rugged look is in for young guys, but the workplace is not Abercrombie & Fitch, and you need to be well shaven.
  • Be well groomed – no long fingernails, no super gel hair, etc. It matters and others in roles of authority are noticing how you present yourself in the office.
  • Tuck shirt neatly into pants. The “shirt-tail out” look may be appropriate for many occasions, but definitely not in a professional environment.

Be mindful of:

  • Socks. Match socks to your pants (not to your belt or tie) to provide a continuous monochromatic presentation from your pants to your shoes.
  • Shoes. Keep shoes in good shape. No mis-matched laces on the tie ups, or wearingany type of shoe which may resemble a sneaker, golf shoe, running shoe, etc. Invest in a sturdy pair of lace ups and a pair of “cordovan” (burgundy) loafers, and you’ll be well covered with most suits.
  •  Suits. Be measured for your suits, even if you have only one. Wearing an ill-fitted suit negates the professional image you are trying to portray.
  • White Undershirts.  There is a reason they are called “under” shirts mainly to keep guys warm in the winter months…with one exception. If you wear a white dress shirt, depending upon the fabric weight, it may be advisable to wear a white undershirt under the white dress shirt. Provides a more professional image than being able to see chest hair under the dress shirt or, worse, poking out of the shirt…eeew.

Along the professional journey, there will be plenty of times that “best practices” may elude you of feeling secure in your professional image. Easy to understand as there are rarely any “classes” in how to most effectively present your professional self. One way to allay some of the uncertainties is to look around and observe others more senior to you whom you respect and regard highly. How do they show up? Do they appear polished and refined?

Another option to “find” your professional style/image is by engaging the services of a professional stylist/consultant. Many of the higher end department stores (like Neiman Marcus and Lord & Taylor) offer these services. We also maintain a resources list of highly specialized experts who can also put you on the right path.

Regardless, remember, we have one shot at making the best first impression which may materially impact your professional success. Harness the power of professional image now to get and keep you on the right track.

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