News & Analysis as of

Exempt-Employees Fair Labor Standards Act (FLSA) Wages

Schwabe, Williamson & Wyatt PC

Department of Labor’s Proposed Changes to Overtime Eligibility Criteria

On August 30, 2023, the Department of Labor (DOL) announced that it will be proposing new regulations that would increase the number of employees who are considered non-exempt and therefore entitled to overtime compensation....more

Foley & Lardner LLP

Monopoly Money or the Real Deal? Exploring the Possibility of Paying Employees in Bitcoin

Foley & Lardner LLP on

Bitcoin, the most popular form of digital or crypto-currency, is gaining traction as an investment vehicle and a way to pay for goods and services. More than 100,000 merchants worldwide now accept Bitcoin, allowing consumers...more

Akerman LLP - HR Defense

Steps for Solving the Wage Deduction Dilemma

Figuring out what deductions from an employee’s wages are permitted and prohibited under the law is a quandary. May an employer deduct an employee’s wages for personal charges on the company’s credit card? What about the cost...more

FordHarrison

Major Changes to New York Overtime and Minimum Wage Regulations to Take Effect on December 31, 2016

FordHarrison on

As of December 31, 2016, employers wishing to claim an administrative or executive exemption to New York State’s overtime regulations must raise each exempt employee’s salary threshold to $727.50-$825.00 per week, depending...more

Littler

Federal Overtime Rule Injunction Calls for State-Level Attention

Littler on

Many businesses let out a sigh of relief after a federal judge issued a preliminary injunction halting the U.S. Department of Labor’s (DOL) final rule increasing the minimum pay requirements for exempt executive,...more

Morgan Lewis

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

Morgan Lewis on

Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more

Carlton Fields

The Potential Impact Of a Trump Presidency on Employers

Carlton Fields on

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

Lowndes

Looking Ahead: President Trump, the Overtime Rule, and Other Impacts on the Employment Landscape

Lowndes on

The U.S. Department of Labor’s new overtime rule will take effect December 1st unless a federal judge in Texas issues an injunction after a hearing next week in an action challenging the rule. In the meantime, employers must...more

Littler

Proposed Amendment to New York State Wage Orders Set To Substantially Raise Salary Requirements For Exempt Employees

Littler on

On October 19, 2016, the New York State Department of Labor (“NYSDOL”) published proposed new Wage Orders which, if enacted, will ultimately increase the salary requirements for exempt employees in New York State beyond even...more

Arnall Golden Gregory LLP

DOL Seeks to Increase the Number of Employees Eligible for Overtime

The U.S. Department of Labor (“DOL”) has finally revealed its anticipated proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions. See 80 F.R. 38515 (July 6, 2015). Employers should brace themselves...more

Morrison & Foerster LLP

USDOL Proposes Significant Increase in Federal Salary Test for FLSA White Collar Exemptions

On Monday, July 6, the United States Department of Labor (USDOL) published its long awaited proposed rule “updating” regulations “defining and delimiting” the exemptions from overtime for white collar employees (i.e., the...more

Hinshaw & Culbertson LLP

Department of Labor Significantly Expanding Overtime Eligibility

The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Proposed Overtime Regulations: What They Say, What They Mean, and What To Do Now

The U.S. Department of Labor (DOL) issued its long-awaited proposed rule that would change the federal regulations of the Fair Labor Standards Act’s (FLSA) overtime provisions in a June 30, 2015 Notice of Proposed Rulemaking...more

Franczek P.C.

Determining When a Commission is "Earned" When Calculating the Regular Rate

Franczek P.C. on

In our last post, we discussed the calculation of the “regular rate” and some of the complexities of determining what constitutes “remuneration” under the Fair Labor Standards Act (FLSA). Commission is one of the additional...more

Fisher Phillips

A Substantial Salary-Test Jump Is Likely

Fisher Phillips on

On January 28, the Economic Policy Institute announced that "noted economists and a former Secretary of Labor" had written to U.S. Secretary of Labor Thomas Perez to propose an increased salary threshold of around $960 a week...more

Franczek P.C.

DOL Makes It Official: New FLSA Regulations Delayed Until 2015

Franczek P.C. on

Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL...more

Carlton Fields

Third Circuit: Federal Court Should Decide Whether An Arbitration Clause Authorizes Classwide Arbitration – Not The Arbitrator

Carlton Fields on

The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more

Burr & Forman

Fair Warning: 10 Common Mistakes to Avoid under the Fair Labor Standards Act

Burr & Forman on

Most healthcare employers have probably heard of the Fair Labor Standards Act ("FLSA") and most probably think it is pretty simple. Doesn't that law just deal with prohibiting child labor and paying overtime wages to hourly...more

Laner Muchin, Ltd.

President Obama Directs USDOL To Revamp FLSA Overtime Exemptions So More Employees Are Eligible For Overtime Pay

Laner Muchin, Ltd. on

On March 13, 2014, President Obama signed a Memorandum directing the U.S. Department of Labor (USDOL) to revamp the regulations regarding who qualifies for overtime under the Fair Labor Standards Act (FLSA). The FLSA...more

Franczek P.C.

Can We Define "Full Time" To Mean Something Less Than 40 Hours Per Week?

Franczek P.C. on

Q. Under the Fair Labor Standards Act (FLSA), do we have to define “full time” to mean 40 hours per week, or is that left to employers’ discretion? Can we maintain a 40-hour standard for wage and hour purposes, but have a...more

Burr & Forman

Many Exempt Employees With Salaries $30,000 To $50,000 May Soon Be Entitled To Overtime

Burr & Forman on

On March 13, 2014, President Obama signed a memorandum directing the United States Department of Labor to revise the regulations concerning employees' eligibility for overtime pay under the Fair Labor Standards Act ("FLSA")....more

Mintz - Employment, Labor & Benefits...

Winter Weather Woes: What are My Obligations to Pay Employees During Inclement Weather?

Last week’s “polar vortex” brought record low temperatures to many parts of the country and shut down offices in numerous cities. Estimates suggest that the frigid weather could cost the U.S. economy up to $5 billion. We have...more

Obermayer Rebmann Maxwell & Hippel LLP

Hurricanes, Tornadoes & Wages: How Does Employee Pay Work during a Natural Disaster?

This week marks the one year anniversary of Hurricane Sandy and serves as an important reminder for employers to ensure that their businesses are prepared to handle a natural disaster. Understandably, in the days following a...more

Morrison & Foerster LLP

Wages for Furloughed Employees

Morrison & Foerster LLP on

As the government shutdown winds on, many government contractors and clients have faced stop work orders from the government. Contractors have in turn furloughed their own idle employees. While this is a reasonable and...more

Akerman LLP - HR Defense

An Ounce Of Prevention: Employers Should Take Precautions Now To Prepare For The 2013 Hurricane Season

In the wake of Hurricane Sandy last Fall and the recent tornadoes in Oklahoma, forecasters are predicting an aggressive 2013 hurricane season, which started on June 1st. Employers should take time before the storm hits to...more

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