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Exemptions Exempt-Employees

Lathrop GPM

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

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As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete...more

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

California Clarifies Fast Food Minimum Wage Law Taking Effect April 1; Governor OKs Stadium, Airport Worker Exemption

With California’s new $20-per-hour minimum wage for fast food workers set to take effect on April 1, 2024, the California Department of Industrial Relations (DIR) has updated its guidance regarding the new minimum wage law’s...more

Fox Rothschild LLP

Supreme Court Will Likely Resolve Circuit Split On Highly Paid Workers And The FLSA Salary Test: A Big Deal!

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The issue of the salary test for FLSA exemptions has been explored and analyzed through numerous cases. It is counterintuitive to think that an employee very highly paid for doing managerial, supervisory work could be...more

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

Colorado’s November 2021 Rulemaking: ‘Use It or Lose It’ PTO Is Finally Dead, and Other Highlights

On November 10, 2021, after a public hearing and comment submission period, the Colorado Department of Labor and Employment (CDLE) published three final rules: (1) the Colorado Overtime and Minimum Pay Standards Order #38...more

Payne & Fears

Commission-Only Compensation Plan Fails California's Salary Basis Test

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Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily engaged...more

Proskauer - Law and the Workplace

Wage and Hour Division Modifies Rules For FLSA’s Retail Sales Exemption

On May 19, 2020, the United States Department of Labor’s Wage and Hour Division (WHD) implemented a final rule withdrawing partial lists of establishments that it previously interpreted as either having “no retail concept” or...more

Seyfarth Shaw LLP

Updates for Employers on the California Consumer Privacy Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: California’s Attorney General is drafting regulations that will shape employer obligations under the California Consumer Privacy Act....more

Fisher Phillips

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

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Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...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

Sheppard Mullin Richter & Hampton LLP

Governor Brown Signs Bill Clarifying Wage Statement Requirements for Exempt Employees

On July 22, 2015, Governor Brown signed AB 2535 that clarifies which employees for whom an employer must track hours worked and record those hours on their wage statements. The bill will become effective January 1, 2017. ...more

BakerHostetler

Sixth Circuit Grants Summary Judgment as to Class, Based on FLSA Agriculture Exemption

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Is the saying “fish or cut bait” dead? If you are ever in need of sleep, pull out your copy of the U.S. Code and traipse through the exemptions contained in section 13 of the FLSA, 29 U.S.C. § 213. We’re all familiar with the...more

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

Should Employers Be Allowed to Count Nondiscretionary Bonuses Toward the FLSA’s Minimum Salary Threshold? The DOL Wants Your...

As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more

Parker Poe Adams & Bernstein LLP

White Collar Overtime Exemption Overhaul May Include Big Increase in Minimum Salary Requirements

Last year, President Obama directed the Department of Labor to review and update its so-called “white collar” overtime and minimum wage exemption regulations. The rules apply to executive, administrative and professional...more

Franczek P.C.

Wage and Hour Basics Series: The FLSA Overtime Exemptions

Franczek P.C. on

While we regularly discuss many of the nuances of wage and hour law generally and the Fair Labor Standards Act in particular here on the blog— it is also important to focus on the basics. Periodically over the next several...more

Fisher Phillips

November Target For Proposed Exemption Changes

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As we reported previously, in March President Obama directed the U.S. Labor Department to "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative,...more

BakerHostetler

President Obama Directs the DOL to Attack FLSA Exemptions

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Everybody is talking about it – President Obama’s announcement at the end of last week that existing overtime regulations be “modernized” and “streamlined” – but what exactly does this mean? The answer is, only time will...more

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