Exempt-Employees Over-Time

News & Analysis as of

Dispelling the 10 Biggest Wage and Hour Myths – Part II

I’m happy to report (at least from the standpoint of my own safety) that I was unable to find any evidence last night of the existence of a Big Foot or Sasquatch roaming the neighborhoods of Orefield, Pennsylvania.  That...more

Dispelling the 10 Biggest Wage and Hour Myths – Part I   

On what seems like a daily basis, I receive a phone call from a client or prospective client who is confused about some aspect of wage and hour law. Myths and urban legends abound in this area of the law. Passed on from...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

Recruitment and Wage and Hour Law in Ontario

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

Airline Industry Alert: California Court Upholds RLA Exemption to State Wage and Hour Law

In a complete reversal of its earlier decision, a California federal judge held that employees covered by a collective bargaining agreement (CBA) entered into in accordance with the provisions of the Railway Labor Act (RLA)...more

Oregon Changes Interpretation of Overtime Laws, Advising Certain Employers to Double Count Daily and Weekly Overtime Payments

Between December 2016 and January 2017, the Oregon Bureau of Labor and Industries (BOLI) instituted a significant change in its historic treatment of the interplay between two statutes that provide for daily and weekly...more

Service Advisors at Auto Dealerships Not Exempt, Says the Ninth Circuit

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from...more

Exploring FLSA Section 7(i) — Can You Use it to Exempt Commissioned Employees from Overtime?

A common question we often get asked by our health and country club clients is whether their trainers, tennis and golf professionals, and other similar employees may be considered commissioned employees of “retail or service...more

New York Increases its Minimum Wage Rate and the Minimum Salary Level for Exempt

New York is among a number of states implementing minimum wage increases for 2017; however, New York also increased the minimum salary levels needed to be considered exempt from overtime pay requirements under state...more

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

As if the start-again, stop-again saga with the U.S. Department of Labor’s rules increasing the minimum salary threshold for exempt workers wasn’t confusing enough, at least one state has jumped into the fray and changed its...more

Headed for Overtime? Trump Administration Will Decide Fate of New Time-and-a-Half Rule

If you're an employee and you work more than 40 hours a week, you typically have the right to receive time-and-a-half overtime pay for those extra hours....more

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

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