Exempt-Employees Over-Time

News & Analysis as of

Ninth Circuit Rules Service Advisors at Automotive Dealerships Are Not Exempt From Overtime Pay

On January 9, 2017, the U.S. Ninth Circuit Court of Appeals ruled in Navarro v. Encino Motorcars, for the second time, that service advisors at automotive dealerships are not exempt from overtime. In 2015, the Ninth Circuit...more

Ninth Circuit Reaffirms Service Advisors Eligible for Overtime, Setting Up Second Potential Trip to Supreme Court

The U.S. Supreme Court in 2016 granted certiorari in Encino Motorcars, LLC v. Navarro to resolve a circuit split regarding whether “service advisors” at automobile dealerships are exempt from receiving overtime under the Fair...more

New Year, New Rules for Employers Doing Business in New York

Last year the New York legislature and New York Department of Labor amended several employment laws implementing changes that took effect at the end of 2016 or are set to take effect early this year. This post summarizes the...more

Injunction of the DOL’s Overtime Rule and Its Appeal

Is the Department of Labor (DOL) overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political...more

Quick Update On The FLSA Overtime Rule

Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case....more

OT Exemption Rules Lawsuit Will Proceed Despite Appeal

Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas has decided that he will not halt the lawsuit challenging the U.S. DOL’s new overtime exemption rules pending a ruling from the 5th Circuit Court...more

New York State Substantially Increases Salary Thresholds for Exempt Employees

In the waning hours of 2016, new regulations went into effect that substantially increase the minimum salary an employee must have in order to be classified as exempt from the overtime provisions of the New York Labor Law....more

Mandatory Salary Increases Now in Effect for New York – What to Do Now

Employers in New York must scramble to assess the impact of the new substantial salary level increases that take effect on December 31, 2016. Below is a summary of the new salary levels for exempt administrative and executive...more

Lower-Court FLSA Salary Litigation Will Proceed

Federal District Judge Amos L. Mazzant has denied the U.S. Department of Labor's request to halt proceedings in his court while it appeals the preliminary injunction he granted preventing salary-related changes in the federal...more

New Year, New Minimum Wage (Orders) in New York

As most employers are likely aware, effective Dec. 31, 2016, new minimum wages went into effect in New York. The rates vary for employers, depending on size and location. ...more

Court blocks DOL’s new overtime rule from taking effect

The Fair Labor Standards Act (FLSA) generally requires employers to pay employees at least the federal minimum wage (currently $7.25 per hour). The FLSA also requires employers to pay employees overtime compensation for all...more

New York State Rings in the New Year by Adopting Increased Salary Basis Thresholds

Just before their December 31, 2016 planned effective date, the regulations proposed by the New York State Department of Labor in October 2016 were formally adopted on December 28, 2016. Pursuant to the regulations, New York...more

New York State Has Adopted Amendments to Existing Minimum Wage Orders

The New York State Department of Labor (NYSDOL) has adopted the proposed amendments to its Wage Orders – ending weeks of speculation about whether and when increases in the minimum salaries for employees to be exempt from...more

Significant Changes to NY State Minimum Wage and Exempt Salary Obligations Take Effect on December 31, 2016

Attention was scarcely paid to an October 2016 issuance of proposed wage orders by the New York State Department of Labor. But they are now set to take effect December 31, 2016, and employers must be aware of their...more

Happy New Year and Be Aware of New NY State Salary Thresholds

NEW EXEMPT SALARY THRESHOLD – As the ball is dropping in Times Square, wage and hour regulations are changing for employers in New York. The New York Department of Labor has made it clear that on December 31, 2016, at...more

New York Increases Minimum Salary Level for Some Exempt Employees

While the federal Department of Labor’s new overtime rule remains enjoined pending an appeal to the U.S. Court of Appeals for the Fifth Circuit, the New York Department of Labor (NYDOL) has moved forward with its own changes...more

Establishing "Workweeks" For Exempt Employees

We have written previously about how important the "workweek" concept is in complying with the federal Fair Labor Standards Act's minimum-wage and overtime requirements. An FLSA workweek is a fixed, regularly-recurring...more

NY Dept of Labor Finalizes Major Changes to Wage Regulations

In New York, a large number of wage and hour requirements are statutorily codified in the Labor Law. Many others requirements, however, are set forth in regulations known as wage orders, which are issued and updated from...more

It’s Official — New York’s Salary Threshold for the Executive and Administrative Exemptions Is Increasing — THIS WEEK

As expected, this morning, the New York State Department of Labor published its final rule increasing the salary threshold applicable to exempt executive and administrative employees in New York State. While the ultimate...more

Texas Federal Court Issues Nationwide Injunction Barring Implementation of New Overtime Rules

On November 22, 2016, a federal court in Texas ruled that the U.S. Department of Labor (DOL) unlawfully issued its Final Rule raising the minimum annual salary threshold for most “white collar” overtime exemptions under the...more

Federal Court Blocks New Overtime Rule from Taking Effect

The Fair Labor Standards Act (“FLSA”) generally requires that most employers pay nonexempt employees overtime compensation for all hours worked over 40 during a workweek. Overtime compensation must be at least one and...more

Federal Overtime Rule Injunction Calls for State-Level Attention

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

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

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

While USDOL’S Overtime Regulations are Held Up on Appeal, New York Presses on With its Own Salary Level Increase

2016 has proven to be an eventful year on the wage and hour front. In May, the U.S. Department of Labor announced new Fair Labor Standards Act regulations governing the “white collar” executive, administrative, and...more

Department of Labor’s Appeal of Overtime Exemption Injunction Likely Weakens Under New Secretary of Labor

On November 23, we reported that a federal judge in Texas had issued an injunction blocking implementation of the long-awaited new Fair Labor Standards Act exemption regulations. Those regulations would have, among other...more

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