Staci Ketay Rotman

Staci Ketay Rotman

Franczek Radelet P.C.

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House Votes to Delay OT Rule But Employers Are Not Out of the Woods Yet

Yesterday, the United States House of Representatives passed a bill, H.R. 6094 (the “bill” referred to as the Regulatory Relief for Small Businesses, Schools and Nonprofits Act), that would delay the effective date of the...more

9/29/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Proposed Legislation Small Business U.S. House Wage and Hour White-Collar Exemptions

21 States File Suit Challenging the DOL’s New Overtime Rule

Earlier yesterday, a group of 21 states filed a lawsuit in the United States District Court for the Eastern District of Texas challenging the Department of Labor’s new overtime rule, which is set to take effect on December 1,...more

9/21/2016 - Administrative Procedure Act DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Wage and Hour White-Collar Exemptions

The Supreme Court Shoots Down DOL Regulations, But Declines To Rule Whether Service Advisors are Exempt From Overtime Pay...

Yesterday, the United States Supreme Court issued its long-awaited decision in the Encino Motorcars, LLC v. Navarro case, that many hoped would resolve the issue as to whether Service Advisors at auto dealerships are exempt...more

6/21/2016 - Car Dealerships DOL Exempt-Employees FLSA Minimum Salary Navarro v Encino Motorcars Non-Exempt Employees Over-Time SCOTUS Service Advisors Wage and Hour White-Collar Exemptions

New Rules Announced: $47,476 Minimum Salary, Effective 12/1/2016

This week, the White House and Department of Labor released key details of the new FLSA overtime exemption rules for white collar workers. The final rules themselves have just been released. We are still digesting 500-plus...more

5/19/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

New Rules Announced: $47,476 Minimum Salary, Effective 12/1/2016

Late yesterday the White House and Department of Labor released key details of the new FLSA overtime exemption rules for white collar workers. The final rules themselves have just been released this morning. We are still...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Supreme Court Upholds $5.8 Million Judgment Based on Statistical Analysis

On Tuesday, March 22, 2016, the United States Supreme Court affirmed a $5.8 million dollar judgment against Tyson Foods Inc. in a class and collective action filed by workers claiming uncompensated time donning and doffing...more

3/24/2016 - Admissible Evidence Calculation of Damages Class Action Class Certification Doffing Donning FLSA SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Possible Final New Overtime Rule Before July

Just a few weeks ago, we posted our latest update on the Department of Labor’s proposed new overtime rule, which calls for a more than doubling of the salary level threshold for white collar exempt positions. At that time,...more

3/16/2016 - DOL FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Continued Controversy Surrounding The Proposed New Overtime Rule

Since June, we have written a number of posts covering the Department of Labor’s proposed new overtime rule, and the more than doubling of the salary level threshold for white collar exempt positions. The proposed increase in...more

2/22/2016 - DOL FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Supreme Court Agrees to Hear Service Advisor OT Pay Split

As we reported back in October 2015 a car dealership, Encino Motorcars, petitioned the Supreme Court to “restore uniformity” to the enforcement of legal precedent and hold that service advisors are exempt from the FLSA’s...more

1/21/2016 - Car Dealerships DOL FLSA SCOTUS Service Advisors Unpaid Overtime Wage and Hour White-Collar Exemptions

FLSA Settlements Continue to Draw the Attention of Courts

Last month we wrote a post concerning the National Labor Relations Board’s (“NLRB”) rejection of a seemingly standard settlement agreement resolving, among other things, Fair Labor Standards (“FLSA”) claims. Since then, FLSA...more

1/18/2016 - Dismissal With Prejudice FLSA Motion to Dismiss NLRB Settlement Agreements Wage and Hour

Friendly Reminder: The Computer Employee Exemption

We recently received a question regarding whether an employer could classify certain IT employees as exempt under the Computer Employee exemption. With the long-awaited final DOL overtime rules for the white collar exemptions...more

11/6/2015 - DOL Exemptions Information Technology Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Supreme Court to Resolve Circuit Split on OT Pay for Car Dealerships?

As you have read in our blog over the years, the misclassification of employees as exempt is one of the primary claims in wage and hour litigation.  Misclassification claims can arise in many forms, including the...more

10/23/2015 - Automotive Industry Car Dealerships DOL FLSA Misclassification Non-Exempt Employees Service Advisors Unpaid Overtime Wage and Hour

U.S. Supreme Court Denies Stay of the DOL Wage Rule for Home Care Workers

The Department of Labor (DOL) promulgated a rule that brings home care workers, employed by third parties, within the protection of the Fair Labor Standards Act (FLSA). As a result, those home care workers employed by an...more

10/8/2015 - Appeals Companionship Exemptions DOL FLSA Healthcare Home Health Agencies Home Health Care Home Healthcare Workers Minimum Wage SCOTUS Unpaid Overtime Wage and Hour

Proposed Rule Gets 264,000 Comments

Last week, we reminded you that the public comment period on the DOL’s proposed changes to the FLSA white collar exemptions was going to end on Friday, September 4, 2015, and the DOL was not going to extend this comment...more

9/11/2015 - Comment Period DOL FLSA Minimum Salary Public Comment Unpaid Overtime Wage and Hour White-Collar Exemptions

DOL Will Not Extend Comment Period on Proposed Regulations

In July, we wrote about the Department of Labor’s proposed changes to the regulations governing the white collar exemptions of the Fair Labor Standards Act. The current regulations governing these exemptions—executive,...more

9/4/2015 - Comment Period DOL Exempt-Employees FLSA Minimum Salary Minimum Wage NPRM Proposed Regulation Unpaid Overtime Wage and Hour White-Collar Exemptions

New Exception to the Illinois Minimum Wage Law

The Illinois Minimum Wage Law (IMWL) generally provides that non-exempt employees must be paid one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. However, on July 10, 2015, Governor...more

9/2/2015 - Collective Bargaining FLSA Minimum Wage Non-Exempt Employees Public Employees Unions Unpaid Overtime Wage and Hour

The New FLSA Regulations: What Changed, What Didn’t, What’s Next for Employers

On June 30th, the Department of Labor’s Wage & Hour Division (WHD) announced its long-awaited proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, the regulations governing the “white collar”...more

6/30/2015 - DOL Exempt-Employees FLSA NPRM Popular Wage and Hour White-Collar Exemptions

Will Comp Time Become A Reality For The Private Sector?

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more

5/13/2013 - FLSA Non-Exempt Employees Public Employees Unpaid Overtime Wage and Hour

What Do You Mean I Have To Pay My Nanny Overtime?!

As a working mom, I am lucky to have a husband who is a stay-at-home parent. Rarely do I have to worry about being late to work because I have to drop my child off at school, or leaving work early to take my child to an...more

1/31/2013 - Domestic Workers FLSA Minimum Wage Non-Exempt Employees Over-Time Wage and Hour

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