News & Analysis as of

Misclassification Exempt-Employees

Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among...

The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more

Two Employment Law Issues Startups Should Know About

by Varnum LLP on

It's no secret that the first year of operation can make or break a startup. Don't let overlooked employment issues be your startup's downfall. Below is a brief overview of two major issues startups face in their first year....more

Is a Nursing Coordinator Exempt From Overtime? Ninth Circuit Biopsies Administrative Exemption

The Ninth Circuit Court of Appeals recently ruled that whether a nursing staffing coordinator met the administrative exemption from federal overtime requirements is a factual issue that must be decided at trial. Quintiliani...more

Third Circuit Affirms Rejection Of Class Arbitration Where Employment Agreement Was Silent On Whether Arbitration Could Proceed On...

by Carlton Fields on

Plaintiffs, former staffing managers of defendants’ international staffing agency, alleged that defendants misclassified them as overtime-exempt employees in violation of the Fair Labor Standards Act. Following earlier...more

Employers Have Something to be Thankful For as Judge Halts December 1st Effective Date of DOL FLSA Final Rule: Here is What...

by Dickinson Wright on

In the last six months, nearly every business was sent into panic mode and forced to quickly adjust to the Department of Labor’s (DOL) Fair Labor Standards Act (FLSA) Final Rule that was set to take effect December 1,...more

Federal Minimum Salary Increases for Exempt Workers Take Effect December 1, 2016

by Fenwick & West LLP on

If you have not audited your exempt employee pay practices for compliance with the federal Department of Labor’s rules announced earlier this year, you have just under two weeks to do so. Starting December 1, 2016, the...more

Labor & Employment Hot Topics Impacting the Construction Industry

A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more

Still Looming – The Regulations Regarding Overtime Exemptions

by Garvey Schubert Barer on

When we last visited this topic, the proposed regulations revising the overtime exemptions were still very new. The regulations are due to go into effect on December 1 of this year. There has been legislation introduced to...more

50 Days Until the New Overtime Rule Takes Effect: Ready Or Not?

Barring something completely unexpected, the new overtime rules—effectively setting a federal minimum wage of $913 per week ($47,476 per year) for most exempt executive, administrative, or professional employees—will take...more

6 Resources for Complying with New FLSA Overtime Rules

by NAVEX Global on

The sweeping new Fair Labor Standards Act (FLSA) regulations that go into effect December 1, 2016 will impact all organizations with exempt employees. That means nearly all organizations — and virtually all companies — must...more

You Can’t Eat Your Cake And Have Your PAGA Too

by Seyfarth Shaw LLP on

Seyfarth Synopsis: When an allegedly aggrieved employee attempts both to seek compensatory relief as an individual and to impose penalties as a proxy for the California Labor Commissioner under the Private Attorneys General...more

Are you prepared for overtime regulations?

by McAfee & Taft on

On December 1, 2016, the U.S. Department of Labor’s new Fair Labor Standards Act overtime regulations will take effect. Millions of employees who are currently exempt will, for the first time, earn overtime for any hours...more

Wake Up! The New Overtime Rule Takes Effect Soon!

It’s September 6, the day after Labor Day, symbolically the end of summer, traditionally the first day of school, and psychologically the beginning of the homestretch on the year....more

Do Not Overlook FLSA Duties in Light of New Salary Requirements

by Foley & Lardner LLP on

The upcoming change to salary requirements to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA) has garnered a lot of attention. However, even with a strong emphasis on the changes to...more

100 Days Until the New Overtime Rule Takes Effect: Is Your Company Ready?

On December 1, 2016, the annual cost of classifying most executive, administrative, or professional employees as “exempt” from the overtime rules more than doubles ($23,660 to $47,476). Is your company ready for this change?...more

California Can No Longer Ignore Federal Classification Rules

by McManis Faulkner on

The U.S. Department of Labor recently announced its highly anticipated federal overtime rule under the Fair Labor Standards Act (FLSA). The new rule updates the minimum salary requirement for employees to be considered...more

Tough Love - Philadelphia's New Wage Theft Law Carries A Mighty Punch (Or Does It)

by Clark Hill PLC on

Over the past several years, wage and hour litigation has increased dramatically. In addition to focusing on employee classification issues, i.e. exempt vs. non exempt status and independent contractor vs. employee, the issue...more

The New Overtime Rule: Yes, It Really Is Happening – Are You Ready?

by Smith Anderson on

The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more

DOL's final rule increases minimum salary for overtime exemptions

by Kirton McConkie PC on

The Fair Labor Standards Act (FLSA) generally requires employers to pay employees at least the federal minimum wage and overtime compensation for all hours worked over 40 in a workweek. Overtime pay must be at least 1½ times...more

What you need to know about the new FLSA overtime rules

by Jaburg Wilk on

The U.S. Department of Labor recently announced that there will be significant changes to its overtime rules under the Fair Labor Standards Act (“FLSA”). These new rules are expected to affect over 4.2 million employees and...more

Oilfield Service Companies Face Daunting Challenges

by Baker Donelson on

A focus on oilfield services companies’ decades old compensation plans for their service technicians began shortly after President Obama took office in 2009. The U.S. Department of Labor (DOL) commenced a more concentrated...more

The Final Overtime Rule – Is It Really That Simple?

by Baker Donelson on

In This Presentation: •How Did We Get Here? •The Overtime Rule: Four Changes You Must Know •Misunderstandings About the Final Rule •Opposition to the Final Rule •Seven Steps Employers Should Take Now Please...more

Understanding the Final Overtime Rule: Is it really that Simple?

by Baker Donelson on

According to the U.S. Department of Labor (DOL), the Final Overtime Rule, which is effective on December 1, 2016, simplifies the regulations to make them easier for employees and employers to understand and apply. Really? ...more

DOL Makes Last-Minute Tweaks to New Overtime Exemption Rules

In March 2014, President Obama signed an executive order directing the Department of Labor to revise its aging rules governing overtime pay for white collar employees. The Department solicited comments from the public on an...more

DOL Issues Final Rule More Than Doubling FLSA Minimum Salary Level Required for Overtime Exemptions

by Goodwin on

Increase in Minimum Salary for Most Exemptions - On May 18, 2016, the Department of Labor (DOL) published its final rule concerning the minimum salary level necessary in most cases for an employer to qualify as exempt...more

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