News & Analysis as of

Fair Labor Standards Act Non-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 -

Labor & Employment Law Update - September 2017

by Vedder Price on

United States Department of Labor Moves Hint at Policy Changes, but Employers Await Clarity - Presidential administration transitions almost always result in policy and enforcement initiative changes at the U.S. Department...more

Overtime Exemption Increases: Not Now, But (Probably) Soon

by Foley & Lardner LLP on

As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a...more

FLSA Overtime Rule Struck Down Leaving DOL and Employers in Limbo

by PilieroMazza PLLC on

In a decision issued on August 31, 2017, federal district Judge Amos Mazzant struck down as invalid the Department of Labor’s (DOL) new overtime exemption rule which planned to significantly increase the salary threshold...more

Judge Strikes Down DOL’s Proposed Overtime Rule!

by Ruder Ware on

Finally, it appears we have closure on this saga that started over a year ago! On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the...more

Texas Two-Step: Overtime Ruling Does Not Completely End the Obama Rule Dance

On August 31, 2017, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas, issued an order invalidating the Obama-era overtime rules. Finding that the Department of Labor rule exceeded its...more

Obama-Proposed DOL Overtime Rule Invalidated: Back To Square One

by Fox Rothschild LLP on

Well, it finally happened. A Texas federal judge struck down the Obama Administration’s proposed changes to the FLSA overtime regulations, which would have made millions of more people eligible for overtime. The Court’s...more

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

by Ward and Smith, P.A. on

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more

DOL’s Overtime Rule Invalidated

by Reed Smith on

Recently, a Texas federal judge struck down an Obama administration Department of Labor rule that doubled the salary employees must make to be considered exempt from overtime pay. The rule’s invalidation should provide...more

Monopoly Money or the Real Deal? Exploring the Possibility of Paying Employees in Bitcoin

by Foley & Lardner LLP on

Bitcoin, the most popular form of digital or crypto-currency, is gaining traction as an investment vehicle and a way to pay for goods and services. More than 100,000 merchants worldwide now accept Bitcoin, allowing consumers...more

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally...more

BREAKING: It’s Over! USDOL’s Overtime Appeal Is Dismissed

Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more

A Real Life Texas Hold'em: DOL Overtime Rule Struck Down by Texas Federal Court

by Clark Hill PLC on

On August 31, 2017, a federal district court in Texas issued its final ruling in State of Nevada v. United States Department of Labor that invalidated the Department of Labor's ("DOL") white collar exemption overtime rule....more

Texas Court Strikes Down DOL’s Amended Overtime Regulations

by Morgan Lewis on

The order invalidates the US Department of Labor’s revisions to the Fair Labor Standards Act regulations for the executive, administrative, and professional overtime exemptions....more

Employer Considerations in the Wake of Devastation

by Jackson Walker on

As businesses resume operations and start the recovery from Hurricane Harvey, they are likely to face a variety of employment related challenges. These are a few of the issues that employers should be prepared to address....more

Starting Up – Set Up Part 2

by Bryan Cave on

This three-part series highlights the steps startups should take before hiring their first employee. Part One of this series focused on several of the federal and local filings and registrations that new employers will need...more

Federal District Court Invalidates The DOL's Overtime Rules

by Tonkon Torp LLP on

A federal judge in Texas issued an order on August 31, 2017, invalidating the Final Rule to the so-called "White Collar Exemptions" promulgated by the United States Department of Labor (DOL). Under the Final Rule, the...more

Employers Receive Important Overtime Law News Just Before Labor Day

Short of a successful (but highly unlikely) appeal, the Obama-era overtime rule is now officially no longer. That rule would have required employers to pay employees a little more than $47,000 annually to qualify under one of...more

Employers Should Be Prepared to Deal with the Aftermath of Hurricane Harvey

by FordHarrison on

In the wake of the devastation caused by Hurricane Harvey, many employers are faced with questions as they prepare to resume normal operations. Some of the most common questions, such as those arising under the Fair Labor...more

Employer Victory: Federal Judge Invalidates 2016 Overtime Regulations

On August 31, 2017, a federal judge in Texas invalidated highly controversial proposed revisions to federal overtime regulations that were supposed to go into effect on December 1, 2016. The same judge previously had issued a...more

Off-Duty Emails May Be Compensable (or Not)

by Foley & Lardner LLP on

After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay...more

Employers Struggle With Overtime Classification of Skilled Service Technicians

Over the past several years, we have received multiple inquiries from employers confronted with claims that they have misclassified service technicians as exempt from the overtime requirements of the Fair Labor Standards Act...more

Cutting Through The Half-Time Murk In "Failed Exemption" Cases

by Fisher Phillips on

How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more

Can We Finally Retire the Notions of Construing The FLSA’s Overtime Provisions Broadly But Its Exemptions Narrowly?

by Seyfarth Shaw LLP on

As our readers saw earlier this week, the Ninth Circuit recently issued a decision in McKeen-Chaplin v. Provident Bank, turning the traditional administrative vs. production dichotomy of the administrative exemption on its...more

Employer input sought on new overtime regs

by McAfee & Taft on

As we previously reported, the U.S. Department of Labor failed to challenge a federal district court’s blocking of the new overtime rule that was set to go into effect last December and, instead, signaled its intent to...more

Eligibility for Overtime Pay – Redo?

by Ruder Ware on

Recent action taken by the Department of Labor has started to signal the likely “redo” of the Fair Labor Standards Act regulations regarding overtime pay and which employees are eligible for overtime pay. The Department of...more

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