Issue link: https://nebusinessmedia.uberflip.com/i/690225
W W W. M A I N E B I Z . B I Z 21 J U N E 1 3 , 2 0 1 6 S M A L L B U S I N E S S F O C U S court risks not only having to pay the plaintiff 's claim but also penalties and the legal fees. "More likely than not it is going to go against the employer," he says. Shift salaried workers to hourly? Tawny Alvarez, an associate at Verrill Dana and editor of the law fi rm's labor and employment group's blog, "Taking Care of HR Business," agrees with Currier that communicating with employees is going to be critical as employers evaluate and implement the new OT rules. "You don't want a complete backlash on Dec. 1 when employees who thought they were going to get a raise to $47,476 discover that is not what's going to happen," she says. Unlike the Aff ordable Care Act requirements, which don't apply to companies having fewer than 50 full-time employees, Alvarez says the new OT rules apply to all employers regardless of the com- pany's size. "If you have just one employee who's salaried and the salary is below the new $47,476 threshold, this aff ects you," she says. ere are other things to consider in addition to the potential morale problem resulting from turning salaried employees into hourly employees: Alvarez says many employers have diff erent benefi t packages and incentives for exempt salaried employees com- pared with workers who are paid hourly wages. Other issues that might arise if formerly exempt salaried employees are designated as hourly employ- ees, she says, including having them keep track of their lunch and break times; determining how to pay for travel time; keeping track of work-related cell phone conversations that might occur during off - hours; and fi guring out how to compensate for on- call time that might be required for some employees on weekends or outside of normal working hours. C O N T I N U E D O N F O L L OW I N G PA G E ยป Tawny Alvarez, associate at Verrill Dana, left, Douglas Currier, partner and chair of the law fi rm's labor and employment practice, and Joanna Bowers, associate, at the Portland offi ce. P H O T O / T I M G R E E N WAY