Today we will start exploring the new tools available under the 2016 Defend Trade Secrets Act (DTSA). Its important to remember that these new tools affect all businesses, not just those who think they have trade secrets to defend.
A worker must be making a yearly salary of at least twice the current minimum wage in order to qualify as an exempt employee. Because the minimum wage is changing, that will also affect the definition of which employees are exempt. This will be complicated and challenging for the next few years, because not only will the minimum wage change every year, but there will be a different minimum wage for smaller sized businesses (25 employees or fewer), than for larger businesses. So if you have any employees in the $40k to $50K range, you should make sure that they have not dropped below the exempt employee requirements. If your worker suddenly goes from exempt to non-exempt, you will have several new responsibilities and requirements to follow for the worker’s time and schedule.