In its September 11, 2024 opinion in Mayfield v. Department of Labor, the United States Court of Appeals for the Fifth Circuit held that the U.S. Department of Labor’s explicitly delegated authority to “define” and “delimit”...more
The DOL released its updated federal overtime rule on April 23, 2024. With limited exceptions, the rule increases the minimum salary for exemption as executive, administrative, or professional (“EAP”) employee from $684 per...more
New York City’s pay transparency law, which will require most New York City employers to disclose salary ranges in their job postings, takes effect November 1, 2022. As we previously reported, the new law amends the New York...more
On January 1, 2020, the new federal overtime rule takes effect. Other than in states with already-higher minimum salaries for exemption (which include California and, for certain types of employees, New York), employers will...more
9/26/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019. Here’s the bottom line....more
9/25/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Minimum Wage ,
Misclassification ,
New Rules ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Sales Commissions ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
The “Restoring Overtime Pay Act of 2019” (H.R. 3197, introduced by Rep. Mark Takano of California) would legislate, for the first time in U.S. history, the minimum salary for exemption under the EAP exemptions—a matter that...more
The U.S. Department of Labor’s proposed new overtime rule was published in the Federal Register on March 22nd. As described in our earlier post, the proposed new rule would...more
3/25/2019
/ Bonuses ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Misclassification ,
Over-Time ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
It’s here. The U.S. Department of Labor’s Wage and Hour Division unveiled its proposed new overtime rule today. We skipped the 200-plus pages of preamble and jumped right to the proposed regulatory amendments themselves...more
As discussed previously, New York State’s annual increases for overtime exemption and minimum wage go into effect on December 31, 2018....more
In this episode of The Proskauer Brief, senior counsel Harris Mufson and partner Allan Bloom discuss recent developments in federal overtime rules. The Trump administration recently released its fall 2018 regulatory agenda,...more
It doesn’t seem that long ago that employers were busily preparing for the new overtime rule that would have doubled the minimum salary level for the “white collar” exemptions from $23,660 to nearly $48,000. That new...more
10/16/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Minimum Salary ,
Notice of Proposed Rulemaking (NOPR) ,
NPRM ,
Obama Administration ,
Over-Time ,
Secretary of Labor ,
Trump Administration ,
White-Collar Exemptions
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018. ...more
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017....more
The DOL will appeal a Texas federal court’s ruling that the Obama administration’s 2016 overtime rule exceeded the DOL’s authority. The appeal comes nearly two months after the DOL dropped an earlier appeal of that court’s...more
In light of the Texas district court’s recent judgment invalidating the 2016 overtime rule, the DOL filed an unopposed motion to withdraw its appeal of the November 2016 order that preliminarily enjoined the rule on a...more
9/8/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Secretary of Labor ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On Thursday, the Texas federal district court that had issued a preliminary injunction in November 2016 blocking implementation of the Obama Administration’s revised overtime rule granted the plaintiffs’ motion for summary...more
The U.S. Department of Labor has announced that on Wednesday, July 26, 2017, it will formally seek public comment on the overtime rule by publishing a Request for Information (RFI)....more
Yesterday, the U.S. Department of Labor filed a reply brief in further support of its appeal of the November 22, 2016 order in State of Nevada v. United States Dep’t of Labor, No. 4:16-CV-00731 (E.D. Tex.). That order,...more
7/1/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Request For Information ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
On June 27, 2017, the U.S. Department of Labor sent a Request for Information related to the now-enjoined overtime rule to the Office of Management and Budget for review. After OMB completes its review, the RFI will be...more
6/28/2017
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
Minimum Salary ,
OMB ,
Over-Time ,
Public Comment ,
Request For Information ,
Secretary of Labor ,
Stays ,
Trump Administration ,
White-Collar Exemptions
Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...more
1/4/2017
/ Appeals ,
Department of Labor (DOL) ,
Interlocutory Appeals ,
Minimum Salary ,
Motion To Intervene ,
Motion To Stay ,
Over-Time ,
Permanent Injunctions ,
Preliminary Injunctions ,
Wage and Hour ,
White-Collar Exemptions
The New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually)...more
The New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100...more
On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to...more
On December 2, the U.S. Department of Labor filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that...more
Following a Texas court’s issuance of a nationwide preliminary injunction enjoining the new overtime rule on November 22, the U.S. Department of Labor filed a notice of appeal of the decision yesterday....more