Exempt-Employees

News & Analysis as of

No extension for you! Employers – brace for the impact of the new DOL overtime rules

The US Department of Labor’s (DOL) Wage and Hour Division Administrator David Weil reportedly told Congress on Monday that the agency will not extend the 60-day public comment period for its proposed regulation narrowing the...more

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

Hospitality Industry Targeted in Proposed White Collar Overtime Regulations

In a March 13, 2014, memorandum, President Barack Obama directed the Department of Labor (DOL) to "modify," "streamline" and "simplify" the federal regulations regarding exemptions to overtime under the Fair Labor Standards...more

Practice Spotlight: Top 10 Questions Employers Have About the Newly Proposed Overtime Regulations

Employers across the country are trying to get their arms around the implications of the Department of Labor's (DOL) proposed changes to the overtime regulations. These proposed changes, which were published on June 30, 2015,...more

Hurricane Preparedness Applies at Work as Well as at Home – Questions Employers May Face This Season

Florida Governor Rick Scott has declared a state of emergency as forecasters continue to track the path of Tropical Storm Erika, which is predicted to hit the state on Monday. Although it is unclear how strong the storm will...more

After Hours iPhone and Android Use By Employees Raises Wage/Hour Concerns (Again!)

So, you remember February 2009, right? We were all aflutter over Liam Neeson in Taken (ok, I still haven’t seen it). And we were listening to “My Life Would Suck Without You” by Kelly Clarkson (still a good song.)...more

Major Changes to Overtime Regulations for "White Collar" Workers

On July 6, 2015, the U.S. Department of Labor (“DOL”) issued proposed new regulations that will significantly change the law governing certain “white collar” workers who are exempt from minimum wage and overtime pay. All...more

Commonwealth Court Expands the Scope of Good Samaritan Amendment to the Workers’ Compensation Act

In 2003, the Pennsylvania General Assembly amended Section 601 of the Workers’ Compensation Act to expand the definition of the word “employee” to include employees who, while in the course and scope of their employment,...more

Department of Labor Makes Its Move

With just more than a year left in this administration, the U.S. Department of Labor (“DOL” or “Department”) has rolled out two major initiatives that promise to keep employers busy ensuring they are in compliance. First, in...more

D.C. Circuit Ruling Means DOL’s Home Care Rule May Soon Go Into Effect

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld the United States Department of Labor’s (“DOL’s”) Home Care Rule and reversed the lower court’s decisions vacating the...more

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision...more

Proposed Overtime Rules Could Significantly Impact Hospitality Businesses

The U.S. Department of Labor has proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions, and President Obama recently announced plans that will extend overtime under the FLSA for salaried “white...more

Pittsburgh City Council Passes Paid Sick Days Act

On Monday August 3, 2015, Pittsburgh City Council approved an ordinance titled “Paid Sick Days Act” requiring employers to offer paid sick days to employees. The ordinance is designed to benefit 50,000 workers in the city of...more

Proposed Rule for Overtime Exemptions Is Issued by Department of Labor—What Will It Mean for You?

The Department of Labor has issued its long-awaited, proposed rule revising the overtime regulations for "white collar workers." This webinar will explain the new, proposed rule and the effect of the proposed, increased...more

SEC Adopts “Pay Ratio” Disclosure Rule

The SEC has adopted amendments to Item 402 of Regulation S-K to implement the pay ratio disclosure mandated by Section 953(b) of the Dodd-Frank Act. New paragraph (u) to Item 402 of Regulation S-K requires registrants to...more

Evaluating USDOL's Proposals: Avoid Dangerous Assumptions

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

DOL Memo Provides Script for FLSA Collective Actions Alleging Independent Contractor Misclassification

The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more

US employers should prepare for new overtime pay regulations

Legal compliance can keep employers on their toes when the government and courts are continually changing laws and their interpretation. Yet, like most other areas of law, employment law is ever-changing and progressing to...more

The Duties Test Trap Set by the Department of Labor: How Employer Comments (Due September 4) Should Address It

It has been widely reported that the Department of Labor (DOL) on June 30, 2015 proposed raising the salary level of executive, administrative and professional (EAP) employees as a requirement of exempt status under the Fair...more

Hiring Considerations for Startups: A Checklist

Generally, startups lack resources to hire human resources professionals, and employment-related issues are a distant priority. Navigating the hiring waters is difficult, but sensitivity to a number of issues can ease the...more

5 Bad Hiring & Firing Ideas Every Startup Entrepreneur Should Avoid

Five common employment-related mistakes startups make when launching their business (and why to avoid them before things get costly)....more

USDOL Proposes Significant Increase In The Minimum Salary An Employee Must Earn To Be Exempt From Overtime

In one of the most potentially sweeping changes to the Fair Labor Standards Act (FLSA) regulations in over a decade, the U.S. Department of Labor (USDOL) has proposed an increase in the minimum salary for employees to qualify...more

5 Ways Employers Can Spend A Lot Less Time In Court

“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these...more

New Proposed Rules on Overtime

The President recently announced an “expansion” of the coverage of overtime rules to employees. In that regard, the U.S. Department of Labor’s Wage and Hour Division (the “DOL”) issued proposed updated regulations governing...more

Miss Any of the Major Wage & Hour Law News this Summer? We’ve Got You Covered

Developments in wage and hour law made major waves for employers this summer. They include: (1) proposed new overtime regulations from the U.S. Department of Labor (DOL); (2) an announced crackdown by the DOL on employers who...more

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