USDOL’s Wage and Hour Division kicked off the week with an all-in-one maneuver. Approximately a year ago the FLSA’s 7(i) overtime exemption appeared on the regulatory agenda. Without any further notice, USDOL suddenly moved...more
The new year has brought many things, including an increased threshold for many employees classified as exempt. The federal Fair Labor Standards Act (FLSA) provides for limited exemptions from its timekeeping, minimum wage,...more
2/11/2020
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Timekeeping ,
Wage and Hour ,
White-Collar Exemptions
The suspense is over – the Department of Labor just this morning announced the revised Overtime Rule, which will set the minimum salary threshold for the Fair Labor Standard Act’s white-collar exemptions at $684 per week, or...more
While stakeholders await final regulations on the white-collar exemptions (a/k/a Overtime Rule 2.0), regular rate, and joint employment, WHD has started sending the White House more proposals – first tackling tips and the tip...more
The comment period for USDOL's most recent proposal regarding the Fair Labor Standards Act's white-collar exemptions (Overtime Rule 2.0) has closed. You probably have heard that the proposed salary level test is "too high"...more
The USDOL has continued to plow through its regulator agenda. Yesterday it released its proposed guidance regarding the "regular rate" for purposes of calculating FLSA overtime pay. The NPRM is intended to update and clarify...more
The USDOL has proposed to update guidance (for the most part not regulations), regarding the "regular rate" for purposes of calculating FLSA overtime pay. The NPRM is intended to update and clarify the FLSA’s requirements...more
The USDOL's long-awaited proposed white-collar exemption changes a/k/a Overtime Rule 2.0 has been made available. Once it is published in the Federal Register, the public will have 60 days to submit comments regarding, among...more
3/11/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
The latest regulatory agenda shows four wage-hour items on the U.S. Labor Department's (USDOL) plate. In addition to revisiting the federal Fair Labor Standards Act's (FLSA) white-collar exemptions and tips-related...more
5/10/2018
/ Apprenticeships ,
Child Labor ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minors ,
Over-Time ,
Proposed Rules ,
Regulatory Agenda ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more
10/7/2017
/ Appeals ,
Class Action ,
DACA ,
Dear Colleague Letter ,
Delivery Drivers ,
Department of Labor (DOL) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Gig Economy ,
Google ,
GrubHub ,
Hurricane Irma ,
Janus v AFSCME ,
Misclassification ,
Obama Administration ,
OFCCP ,
Over-Time ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
Public Sector Unions ,
Rescission ,
SCOTUS ,
Secretary of Labor ,
Sexual Assault ,
Shop Fee Arrangements ,
Title IX ,
Travel Ban ,
Trump Administration ,
White-Collar Exemptions
Fisher Phillips filed its own, extensive remarks yesterday in response to the U.S. Department of Labor's Request for Information seeking additional public comment regarding the 2016 compensation revisions to the agency's...more
9/27/2017
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Notice and Comment ,
Over-Time ,
Public Comment ,
Request For Information ,
White-Collar Exemptions
A federal judge in Texas struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for the...more
9/7/2017
/ Abeyance ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Minimum Wage ,
Motion To Intervene ,
Obama Administration ,
Over-Time ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
A federal judge in Texas today struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for...more
9/2/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Injunctions ,
Lack of Authority ,
Minimum Salary ,
Over-Time ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white...more
This holiday season, many employers were thankful for the preliminary injunction that blocked the Fair Labor Standards Act (FLSA) exemption changes from going into effect on December 1 as scheduled. Those changes would have...more
The U.S. Department of Labor has filed its notice to appeal last week's preliminary injunction that prevented the salary-related changes in the federal Fair Labor Standards Act's "white collar" exemptions from taking effect...more
Employers are returning from their Thanksgiving holiday weekend grappling with thorny questions following last week’s surprising and momentous court decision preliminarily blocking the Department of Labor’s overtime rule from...more
Yesterday afternoon, Texas federal District Judge Amos Mazzant preliminarily enjoined the U.S. Labor Department from "implementing or enforcing" the salary-related changes in the federal Fair Labor Standards Act's "white...more
Employers designing pay plans for employees who are or will be non-exempt should take care not to be misled by murky U.S. Department of Labor "guidance" published in connection with the coming federal Fair Labor Standards Act...more
In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more
11/23/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The U.S Labor Department (USDOL) has finally released the anxiously awaited revised regulations affecting certain kinds of employees who may be treated as exempt from the federal Fair Labor Standards Act's (FLSA) overtime and...more
The U.S. Labor Department is looking to a spring 2016 date for publishing the "Final Rule" revising the regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions according to a recent report. It...more
Employers are of course continuing to evaluate the impact of the U.S. Labor Department's proposed increase in the minimum dollar amount for the federal Fair Labor Standards Act's Section 13(a)(1) exemptions' salary...more