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EAP

Constangy, Brooks, Smith & Prophete, LLP

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the...more

Jackson Lewis P.C.

Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the...more

Husch Blackwell LLP

Fifth Circuit Concludes FLSA 2019 Minimum Salary Rule Falls Within Department of Labor's Authority

Husch Blackwell LLP on

We previously wrote about the U.S. Department of Labor’s 2024 overtime rule that raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA). We explained that this rule was bound to face legal...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms DOL’s Right to Set Salary Minimum for White Collar Exemptions

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

Jackson Lewis P.C.

DOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral Argument

Jackson Lewis P.C. on

A Fifth Circuit panel heard oral argument on Wednesday, August 7, on whether Department of Labor (DOL) regulations imposing a salary requirement to satisfy the executive, administrative and professional exemptions is valid....more

Jackson Lewis P.C.

Labor Department Rule Raising Salary Level for Exempt Employees Takes Effect (For Now)

Jackson Lewis P.C. on

A federal judge in Texas has enjoined the Department of Labor (DOL) from enforcing its Final Rule raising the minimum salary level requirements for executive, administrative, and professional (EAP) exemptions to the minimum...more

Constangy, Brooks, Smith & Prophete, LLP

Court blocks new FLSA salary thresholds... but only for State of Texas employees

There was good news and bad news on Friday from one of the lawsuits challenging the U.S. Department of Labor’s regulation increasing the salary threshold for the so-called white-collar exemptions to the overtime requirements...more

Jackson Lewis P.C.

Texas District Court Blocks DOL Rule Increasing Salary Level for Exempt Employees. But Rule Enjoined as to State of Texas...

Jackson Lewis P.C. on

In a strongly worded opinion, a federal judge in Texas held the U.S. Department of Labor (DOL) likely exceeded its authority in implementing its Final Rule raising the minimum salary level requirements for executive,...more

Proskauer - Law and the Workplace

District Court Grants Injunction of 2024 Overtime Rule Limited to State of Texas as Employer

On Friday, June 24, 2024, the business day before the Biden Department of Labor’s new overtime rule was scheduled to take effect, a federal district judge granted the State of Texas’s motion for a preliminary injunction to...more

Littler

IRS Issues FAQs on Educational Assistance Programs

Littler on

The IRS has issued a new fact sheet (FS-2024-22) to address frequently asked questions about educational assistance programs (EAPs), also known as Section 127 plans....more

Jackson Lewis P.C.

Legal Challenges Mount to DOL Rule Raising Salary Threshold for Exempt Employees

Jackson Lewis P.C. on

The U.S. Department of Labor’s Final Rule raising the minimum salary level requirements for application of the Fair Labor Standards Act (FLSA) “white collar” exemptions is scheduled to take effect July 1, 2024. Lawsuits,...more

Proskauer - Law and the Workplace

DOL Releases Updated Overtime Rule

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

Proskauer - Law and the Workplace

Updated Federal Overtime Rule Cleared by White House

The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the updated federal overtime rule on April 10, 2024. We can expect publication of the final rule in the Federal Register any day now,...more

DirectEmployers Association

OFCCP Week In Review: February 2024 #3

Wednesday, February 14, 2024: US DOL Announced 2023 Equity Action Plan Update - The Department of Labor’s (“DOL”) 2023 Equity Action Plan (“EAP”) update includes three specific OFCCP items (detailed below). According to a...more

White and Williams LLP

Employment Law 2024: What’s Here and What’s on the Horizon

With the New Year here, new laws, rules and regulations are now in effect that may impact your company’s business. While finalizing employee handbook revisions and preparing for the year ahead, employers should consider the...more

Jackson Lewis P.C.

DOL Aims for April 2024 Release of White-Collar Exemption Final Rule

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) unveiled its semi-annual regulatory agenda on December 6, 2023, which sets an April 2024 date for release of the agency’s anticipated final rule amending the regulations defining the “white...more

Cozen O'Connor

Labor Department Efforts to Expand Overtime Protections Earn Democratic AG Support

Cozen O'Connor on

A coalition of 14 Democratic AGs sent a comment letter to the U.S. Department of Labor in support of a proposed rulemaking that updates rules governing executive, administrative, and professional (EAP) employees as related to...more

Jackson Lewis P.C.

Federal Court Upholds DOL’s Authority to Set Minimum-Salary Test for White-Collar Exemption

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL proposes to expand minimum wage, OT protections by increasing minimum salaries for White Collar exemptions

After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

Gould + Ratner LLP on

The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

Brooks Pierce

U.S. Department of Labor Issues Proposed Rule Substantially Changing Overtime Exemptions

Brooks Pierce on

On August 30, 2023, the U.S. Department of Labor (DOL) issued a proposed rule that will substantially alter the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). The proposed rule...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - August 2023

The August Monthly Minute presents Part II of our mental health parity update and provides highlights of the latest report to Congress on NQTL comparative analyses. While service providers lead the way through mental health...more

Cozen O'Connor

A Brief Refresher on OSHA’s Emergency Action Plan Standard

Cozen O'Connor on

Sadly, tragic workplace violence incidents continue to plague the country. Although it is unlikely that OSHA, in the foreseeable future, will engage in rulemaking for a general industry workplace violence rule, it has already...more

Proskauer - Law and the Workplace

SCOTUS:  Daily Rate Doesn’t Satisfy FLSA’s Salary Basis Test for Exemption, Even If It’s Huge!

It’s always exciting when the Supreme Court takes up a wage and hour issue—at least for us. Earlier this week, in Helix Energy Solutions Group, Inc. v. Hewitt, the court tackled the question of whether a daily rate can...more

Jackson Lewis P.C.

Labor Secretary Walsh Expected to Leave DOL for NHL

Jackson Lewis P.C. on

Although not yet officially announced, Secretary of Labor Marty Walsh is expected to leave the Biden Administration soon, to become the Executive Director of the National Hockey League (NHL) Players Association. Secretary...more

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