Exempt-Employees

News & Analysis as of

Think You Are Exempt? New FLSA Salary Thresholds Affect California Employers, Too.

Seyfarth Synopsis: Changes to the FLSA regulations increasing the minimum weekly salary for exempt employees will impact California employees who currently are being paid less than $47,476 per year. Wise employers will start...more

Understanding the Final Overtime Rule: Is it really that Simple?

According to the U.S. Department of Labor (DOL), the Final Overtime Rule, which is effective on December 1, 2016, simplifies the regulations to make them easier for employees and employers to understand and apply. Really? ...more

What Bonuses and Incentive Payments Count As "Discretionary" Under The New Exemption Rules?

One of the more surprising changes in the new FLSA overtime exemption rules is a provision allowing  certain bonuses, commissions, and incentive pay to count for up to 10% of the new increased minimum salary level. However,...more

The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready

We’ve had plenty of time to adapt and now the new rules are clear. Colleges and universities will be ready. In the spring of 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) Wage...more

Coaches and Athletic Trainers Under the New FLSA Rules

As schools seek to adjust to the new Department of Labor overtime exemption rules and increased salary standards, nearly every institution has classification and overtime-calculation questions about athletic coaches and...more

Handling Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule

One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could...more

Splashdown for DOL Overtime Rules

Please see Info Graphic below fore more information....more

The New Overtime Regulations: How Will They Affect Your Workplace? (Part 1)

On May 18, 2016, the Department of Labor (DOL) unveiled the final version of its highly anticipated overtime regulations. In its first increase since 2004, the standard minimum salary level for exemption from overtime under...more

Tick-Tock: The Overtime Clock Starts Running For Millions More Workers

On May 18, 2016, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a final rule modifying overtime eligibility under the Fair Labor Standards Act (“FLSA”). The final rule, which goes into effect on December...more

The DOL’s New Overtime Rule: Considerations for California Employers

As we reported earlier, the DOL has now released its final overtime rule. Two of the biggest takeaways are that the new rule (1) greatly increases the minimum salary threshold of the so-called “white collar” exemptions (at...more

New Federal Overtime Rules Require Action by Employers in 2016

In response to a directive from President Obama to update the regulations that define the overtime exemption criteria for white-collar workers, the Department of Labor has announced new rules that will affect millions of...more

Final DOL Rule Expands Number of Exempt Employees Entitled to Overtime Pay

The U.S. Department of Labor (DOL) has issued a final rule that will expand the number of exempt employees entitled to claim overtime pay. The rule's provisions will go into effect on December 1, 2016. The passage of the...more

DOL Raises Minimum Salary Requirements for White-Collar Exemptions

The Department of Labor (DOL) has issued its long-anticipated final rule updating the minimum salary requirements for white-collar workers, beginning the countdown for employer compliance. The final rule largely follows the...more

What Do the Obama Administration’s Overtime Regulations Mean for California Employers?

On May 18, 2016, the U.S. Department of Labor (DOL) released its long-anticipated revisions to the federal overtime regulations governing the so-called white-collar exemptions to the federal Fair Labor Standards Act (FLSA)....more

New Overtime Regulations Put Spotlight on Incentive Plans

One of the few concessions made by the Department of Labor (DOL) to employers in the new overtime regulations is permission to count non-discretionary incentive payments towards the minimum salary threshold for exempt...more

Department of Labor Issues Final Rule to Amend Overtime Regulations

On May 18, 2016, the U.S. Department of Labor (DOL) announced the publication of a final rule amending the “white collar” exemptions from the minimum wage and overtime pay requirements of the Fair Labor Standards Act (FLSA)....more

Employers Be Aware – Your Employees May Now Be Eligible For Overtime

After two years of discussion and comment from the public, employers and elected officials, the United State’s Department of Labor (“DOL”) announced the enactment of new regulations that radically change the number of...more

New Federal Overtime Exemption Rule Will Become Effective December 1, 2016

The Fair Labor Standards Act is the federal law applicable to overtime compensation for employees. The U.S. Department of Labor (USDOL) announced this week that the overtime rule changes it proposed in 2015 will become...more

Umpteenth Time’s the Charm? Massachusetts Has Another Go At Non-Compete Reform

The Massachusetts legislature is back at it again — as the Boston Globe reports, the Joint Committee on Labor & Workforce Development has sponsored a compromise bill with the goal of limiting non-competes in the Commonwealth....more

Digging Into the New Overtime Regulations

Within the Department of Labor's aggressive regulatory agenda in the last few years, its proposed regulations on the white collar exemptions from overtime generated some of the most significant concerns and anticipation for...more

Department of Labor Releases Final Rule on Fair Labor Standards Act Overtime Exemptions

The U.S. Department of Labor ("DOL") has released a much anticipated Final Rule updating its regulation that defines the Fair Labor Standards Act ("FLSA") overtime exemptions for Executive, Administrative, Professional, and...more

DOL overtime “loophole”: Why salaried employees under $47k can still work over 40 hours/week without a pay increase

There have been a lot of headlines written about the US Department of Labor doubling the overtime exemption level for salaried employees, but there is currently a large “loophole” for employers that will allow you to have...more

Department of Labor announces the final overtime rule. Is your business ready?

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the final rule updating the requirements for employees to qualify for exemptions from the overtime requirements under the Fair Labor Standards Act (“FLSA”). The...more

The Dramatic Effect of the Department of Labor's New Overtime Rule

Employers Will Need New Policies to Ensure Compliance - Effective immediately, the U.S. Department of Labor has updated the regulations governing which executive, administrative and professional employees (white collar...more

Overtime Overhaul – The Final Regulations are Finally Here

After two years of wait, debate and overall angst for employers across the country, the new overtime rules were announced today. The details of the rule are available, but final publication of the rule in the Federal Register...more

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