News & Analysis as of

Exemptions Fair Labor Standards Act

10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption

In a recent ruling, the Tenth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in which the district court held that an employee may be exempt from overtime under Colorado’s motor carrier...more

Does Federal Wage Decision Bring A Sea Change To Offshore Operations? 5th Circuit Case Clarifies FLSA Exemption Standard For...

by Fisher Phillips on

A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine...more

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

by 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

UPDATE: When Will The Exemption Changes Occur?

by Fisher Phillips on

Since our recent post on this topic, U.S. Solicitor of Labor M. Patricia Smith has appeared at the annual conference of the American Bar Association's Labor & Employment Law Section. Some of her remarks indicate that the U.S....more

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

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

by BakerHostetler on

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

New York Employment Law Roundup: July, August, & September 2015

by Reed Smith on

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest events, we share regular summaries of...more

Home Health Care Agencies Feeling Sick After Friday’s Circuit Court Ruling

by Seyfarth Shaw LLP on

As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption. On Friday, the U.S. Circuit...more

Federal Appeals Court Reinstates New Federal Minimum Wage and Overtime Requirements for Home Health Care Workers Employed By...

The United States Court of Appeals for the D.C. Circuit in Home Care Association of America v. Weil reinstated the U.S. Department of Labor’s regulations extending the federal minimum wage and overtime requirements for home...more

D.C. Circuit Revives U.S. DOL’s Final Rule on Home Care

by Hodgson Russ LLP on

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit held that the U.S. Department of Labor’s Home Care Final Rule, which eliminates the companionship and live-in domestic service exemptions for...more

Wage and Hour Basics Series: The "Fee Basis" and the Proposed FLSA Regulations

by Franczek Radelet P.C. on

As we have discussed in the past, to be eligible for one of the “white collar” exemptions (executive, administrative, or professional) or as a highly compensated employee (HCE), Section 541.600 of the FLSA regulations...more

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

Will DOL's Overtime Rule Revisions Fix the Outside Salesperson Exemption?

The Department of Labor’s long-anticipated revisions to its Part 541 overtime exemption regulations await Office of Management and Budget review before issuance in proposed form. The new rules follow President Obama’s...more

Happy New Year from the DC District Court - Companionship Exemption Lives On!! - EndNotes February 2015

by Poyner Spruill LLP on

Home care patients, caregivers and the entire home care community celebrated a huge victory to kick off 2015. The U.S. District Court for the District of Columbia (DC court) vacated the U.S. Department of Labor’s (DOL’s)...more

Blocking the Finish Line: Does the FLSA Exemption for Amusement and Recreational Establishments Apply to Marathons?

by Foley & Lardner LLP on

Several years ago, at one of the numerous race events that have become immensely popular in the last handful of years, a race “volunteer” provided a bike escort, so that the elite runners at a half-marathon race in St. Louis...more

Wage and Hour Basics Series: The FLSA Overtime Exemptions

by Franczek Radelet 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

Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute

On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the...more

Second Circuit Finds Auditors Exempt and Endorses Limits on Class Discovery

by BakerHostetler on

While the number of class or collective action lawsuits has exploded, decisions from Circuit Courts of Appeal, particularly on procedural issues, are still infrequent enough to warrant comment. In Pippins v. KPMG, Case No....more

November Target For Proposed Exemption Changes

by Fisher Phillips on

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

I'm An Executive, You're An Executive, We're All Executives! 8th Circuit Lowers The Bar For FLSA "Executive" Exemption

by Franczek Radelet P.C. on

Last month, the U.S. Court of Appeals for the Eighth Circuit issued an opinion that essentially watered down the Fair Labor Standards Act (FLSA) overtime exemption for executives. This decision perhaps makes an unwitting case...more

President Obama Directs the DOL to Attack FLSA Exemptions

by BakerHostetler on

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

Eleventh Circuit Affirms Employer's Directed Verdict Based On FLSA Outside Sales Exemption

by BakerHostetler on

The plaintiff in Reyes sought to bring an FLSA collective action against the defendant on behalf of himself and other similarly situated “sales brokers” that the defendant employed. The sales brokers were responsible for...more

Overtime Exemptions: What Does "On A Salary Basis" Mean?

by Butler Snow LLP on

Generally, most employees in the United States must be paid at least the federal minimum wage for all hours worked and overtime at one and one half times the regular hourly rate for all time worked above 40 hours in a seven...more

Companionship-Exemption Regulation To Be Released

by Fisher Phillips on

Months after its April 2013 target date, the U.S. Labor Department announced this afternoon that it is issuing a Final Rule re-stating the requirements for and limitations upon the "companionship" exemption in the federal...more

Affordable Care Act’s Special Rules for Grandfathered And Self-Insured Health Plans

by Genova Burns LLC on

The Affordable Care Act’s (“ACA”) mandates regarding health care plans, including the individual mandate, take effect with no change in schedule, despite the recent U.S. Treasury Department’s decision to postpone employer...more

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