Fair Labor Standards Act Exempt-Employees

The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +
The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive working hours, child labor, unpaid overtime and unsafe working conditions.  less -
News & Analysis as of

A Salary "Credit" Is Already "Permitted"

The U.S. Labor Department's commentary regarding its proposed federal Fair Labor Standards Act Section 13(a)(1) exemption regulations said that it might "permit" employers to "count" or "credit" against the impending higher...more

Minimum Salary Threshold for Overtime Exemption Likely to Be $50,544

In preparing for the soon-to-be published revisions to the federal overtime regulations under Part 541 of the Fair Labor Standards Act (FLSA), one of the significant challenges employers face is continuing uncertainty as to...more

Advising On Their Own: Financial Advisors’ Class Claims Defeated

Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class...more

Utah Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Ready, Set, Go! New Overtime Rules Are Coming!

In spite of an avalanche of comments to the Department of Labor’s (“DOL”) proposed new rules under the Fair Labor Standards Act regarding overtime (the “rules”), it now appears that the rules will become final in May and go...more

"The Online Exemption Checklist Says . . ."

Coming changes in at least some of the U.S. Labor Department's definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions are leading employers to evaluate whether employees they treat...more

Update on Publication of the New FLSA Overtime Regulations

The final overtime rule is edging closer to release: the U.S. Department of Labor (USDOL) has sent its final changes for determining which workers are eligible for overtime pay to the Office of Management and Budget (OMB) for...more

DOL Delivers Final Overtime Regulation Revisions to OIRA Ahead of Schedule

The U.S. Department of Labor’s (DOL) Wage and Hour Division just delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA) Part 541 overtime regulations to the Office of Information and Regulatory...more

One Step Closer: Big Overtime Change Sent to OMB

As previously reported by HR Legalist, the Department of Labor (“DOL”) has proposed an amendment to the Fair Labor Standards Act (“FLSA”) that will change the rules about which employees are exempt from overtime for working...more

2016: What’s on the Horizon for Salary Thresholds Under the FLSA, Employee Handbooks and the NLRB

There are several changes and new trends appearing this year in various areas of labor and employment law. This month’s Workplace Word highlights several of these changes and discusses what employers should expect this year....more

The Sixth Circuit Rules Underwriters Are Exempt from the Overtime Requirements of the FLSA Under the Administrative Exemption

On Wednesday, March 2, 2016, the United States Court of Appeals for the Sixth Circuit ruled in Lutz v. Huntington Bancshares, Inc., et al. that the Plaintiffs, loan underwriters at Huntington Bank, were properly classified as...more

Sixth Circuit Holds Residential-loan Underwriters are Exempt Under the FLSA

The Sixth Circuit Court of Appeals ruled that residential-loan underwriters are exempt administrative employees under the Fair Labor Standards Act (FLSA) and are therefore not entitled to overtime. In Lutz v. Huntington...more

What’s Good for the Goose: Members of Congress Will Face Challenges in Complying With the DOL’s Proposed Overtime Rules

In the wake of the U.S. Department of Labor’s Wage & Hour Division proposal to amend the “white collar” exemptions, some members of the United States Congress are struggling with how they will comply with the new law....more

Licensed Financial Advisors Found to be Exempt from Overtime Laws by California Federal District Court

Financial institutions are often called upon to wrestle with the classification of employees as “non-exempt” (covered by overtime laws) and “exempt” (not covered by overtime laws). Licensed financial advisors and “registered...more

$89K Manager May Not Be FLSA-Exempt, Court Rules

This is scary. You’d think a person with “Manager” in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act. ...more

The Supreme Court Will Decide Service Advisor's Exempt Status

Dealerships will soon get a decisive ruling from the U.S. Supreme Court about an issue that has become a thorn in the side for many dealers. The issue: whether Service Advisors are exempt from overtime requirements under...more

10 Tips to Mitigate or Prevent Wage and Hour Litigation in the Post-Acute Industry

Wage and hour lawsuits are being filed against employers under federal and state wage and hour laws at a record rate. Most wage and hour claims allege the employer failed to pay employees for off-the-clock work, failed to pay...more

When Snow Days Impact Employers: Balancing Inclement Weather and the FLSA

Winter weather can be frustrating for employers as facilities close or employees are unable to travel in to the worksite even when the worksite is open. Employers often wonder what their obligations are to pay employees...more

Employers Again Brace for Winter Storms

With severe winter weather predicted for much of the East Coast and extending as far west as Central Arkansas, employers should be prepared to address the impact of the winter storms on their businesses. Issues employers may...more

"Proposed Rules to Tighten Wage and Hour Exemptions"

In June 2015, the Department of Labor (DOL) unveiled a proposed rule that, if enacted, will result in federal overtime requirements covering an additional estimated 5 million people. The proposed rule was issued in response...more

The Fourth Circuit’s Countdown to 2016 Includes Two FLSA Classification Decisions

While we were in the midst of office holiday parties and end of the year celebrations, the Fourth Circuit Court of Appeals came down with two precedential decisions for employers to ponder in the New Year. In Williams v....more

Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news,...more

Nothing New for Doc Review: Federal Court Rules That Doc Review Attorney, Like Other Practicing Lawyers, is Exempt

The lawyers in our readership are quite familiar with the fact that, as a general matter, practicing attorneys are not entitled to overtime pay under the FLSA. But does that exempt status change when an attorney is retained...more

Employers Left Waiting For New Exemption Regs: Explaining The What, Why And When

In July 2015, the U.S. Department of Labor (USDOL) published proposed regulations that could alter whether you may or should treat employees as being exempt from the minimum-wage and overtime requirements of the federal Fair...more

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