Misclassification Fair Labor Standards Act

News & Analysis as of

Fourth Circuit's Exotic Dancer Decision May Affect Other Independent Contractor Classifications

Earlier this month in McFeeley v. Jackson Street Entertainment, LLC, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) concluded that exotic dancers were employees entitled to minimum...more

DOL's final rule increases minimum salary for overtime exemptions

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

The Fourth Bite at the Apple Uncovers a “Worm” for Duane Reade

Just last week, we offered a web training to our clients highlighting the continuing challenges faced by employers as they strive to comply with state and federal wage and hour laws. A June 9th decision by New York District...more

Are exotic dancers employees or independent contractors? Fourth Circuit says they are employees

In May 2016, the Fourth Circuit applied a six-part, economic realities test to determine that two Maryland dance clubs had misclassified their exotic dancers as independent contractors. This case is important for several...more

Oilfield Service Companies Face Daunting Challenges

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

May 2016 Independent Contractor Misclassification and Compliance News Update

TELECOM SALES AND MARKETING AGENTS GAIN CERTIFICATION IN IC MISCLASSIFICATION CLASS ACTION. A New York federal district court grants conditional certification of a proposed FLSA nationwide collective action brought against...more

The Final Overtime Rule – Is It Really That Simple?

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?

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

New Federal Overtime Rules Require Action by Employers in 2016

In response to a directive from President Obama to update the regulations that define the overtime exemption criteria for white-collar workers, the Department of Labor has announced new rules that will affect millions of...more

What Is Your Starting Salary? New FLSA Regulations Raise The Bar For U.S. Employers

Employers with salaried employees earning under $47,476 annually should evaluate the impact on their organizations of major changes to employee compensation following new federal wage requirements effective December 1,...more

Federal Overtime Rules Weigh Heavy on Employers

The U.S. Department of Labor has released final rule changes significantly expanding overtime pay eligibility for salaried employees — raising the current overtime entitlement ceiling from $23,660 annually to $47,476. The...more

Retail and Hospitality Employers Grapple With the DOL's Final FLSA Part 541 Regulations

For over a year, retail and hospitality employers have been anxiously awaiting the issuance of the U.S. Department of Labor’s (DOL) final overtime regulations—regulations which many had predicted would impact retail and...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

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

What Employers Need to Know About Shrinking Overtime Exemptions

The hour has arrived. Last summer, the Wage and Hour Division of the Department of Labor announced substantial revisions to federal regulations regarding who is exempt from overtime pay. After almost a year of waiting, the...more

U.S. Department of Labor Issues Final Rule Updating Overtime Regulations

On Wednesday, May 18, 2016, the U.S. Department of Labor (DOL) issued a final rule updating the overtime regulations under the Fair Labor Standards Act (FLSA). ...more

Labor Department Issues Final Amendments to Overtime Exemptions

On May 18, the U.S. Department of Labor issued publicly its long-awaited final regulations updating the "White Collar" exemptions to the minimum wage and overtime requirements of the Fair Labor Standards Act. Generally, to...more

As the DOL More Than Doubles the Minimum Salary for FLSA White-Collar Exemptions, Employers and Financial Sponsors Are Advised to...

Updated FLSA Regulations Take Effect December 1, 2016 - On May 18, 2016, President Obama and DOL Secretary Thomas Perez announced the long-awaited publication of the DOL’s Final Rule updating the FLSA’s overtime...more

Final Overtime Rule Released: What Are The Implications for Connecticut Employers

Connecticut employers are probably going to have more questions than answers after the release of the final version of the overtime rule announced by the U.S. Department of Labor on May 18, 2016. This Alert will address the...more

One Big Thing For Employers to Know About the New Overtime Rule

Are you tired of lawyers commenting already on the new overtime rules? (The answer should be no, of course, since you’re reading this blog and thus have room for one more view.)...more

Final Regulations from the U.S. Department of Labor Raise Exempt Employee Salary Threshold to $47,476 and Extend Overtime...

On May 18, 2016, the U.S. Department of Labor (DOL) released the long-awaited Final Rule on overtime pay applicable to employers across the country, which, when implemented on December 1, 2016, is expected to extend overtime...more

Labor & Employment Advisory: New Overtime Regulations Announced

Under the Federal wage and hour law, the Fair Labor Standards Act (FLSA), non-exempt workers are required to be paid overtime pay – 1.5 times their regular rate – for all hours worked in excess of forty (40) in a week There...more

DOL Releases Final Overtime Rule Doubling the Salary Exemption Threshold

Recently, and as we predicted in an article published last month (“Approval of the DOL’s Changed to the Overtime Exemption Rules is Imminent”), the U.S. Department of Labor (“DOL”) announced that it will be publicizing its...more

US Department of Labor Issues Final Rule Regarding FLSA White Collar Exemptions

Yesterday, the US Department of Labor issued its final rule regarding the white collar exemption under the Fair Labor Standards Act. Most notably, this rule raises the minimum annual salary for employees to qualify as exempt...more

Exempt or Not Exempt - That is the $47,476 Question

The Fair Labor Standards Act (FLSA) is a rule of exceptions. Most employees are covered by the FLSA and must be paid at least minimum wage and overtime for hours worked over forty in a work week unless covered by an...more

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