Non-Exempt Employees

News & Analysis as of

Newly Released Proposed Overtime Regulations Estimated to Make 5 Million Workers Eligible for OT

We noted last year that the Obama Administration had directed the United States Department of Labor (DOL) to review and amend the so-called “white collar” exemptions to the overtime requirements of the Fair Labor Standards...more

Major Overtime Rule Changes are Coming – Are you Prepared?

Since 1938, the Fair Labor Standards Act (“FLSA”) has set the federal minimum wage and mandated overtime pay (time and a half) for employees who work over 40 hours during a 7-day period. The FLSA exempts employees from the...more

DOL Seeks to Cover More Employees with Overtime Protections

After years of anticipation, the U.S. Department of Labor (DOL) released its Notice of Proposed Rule Making on June 30, 2015, revising the overtime exemptions under the Fair Labor Standards Act (FLSA) by targeting salary...more

Department of Labor Issues Proposed Rule on Overtime

Yesterday, the Wage and Hour Division of the Department of Labor used its rulemaking authority to propose changes to existing overtime regulations that President Obama announced would make “up to five million more people...more

The Wait Is Over - DOL Proposes New Rules for White-Collar Overtime Exemption

Early last year, President Obama directed the Department of Labor (DOL) to update the rules governing which white-collar workers qualify as exempt from federal minimum wage and overtime laws. Employers have since been...more

Department of Labor Issues New Proposed FLSA White Collar Regulations

On June 30, 2015, the Department of Labor issued its long-awaited Notice of Proposed Rulemaking, which updates the Fair Labor Standards Act (FLSA) regulations relating to white collar employees. The proposed regulation would...more

The DOL's Proposed Amendments Increase the Salary Threshold for the FLSA's White Collar Exemptions - Dramatically Expanding the...

Executive Summary: Yesterday, in a 295-page report, the U.S. Department of Labor ("DOL") issued its long-awaited proposed amendments to the Fair Labor Standards Act's ("FLSA") "white collar" exemption tests for executive,...more

Our Picks for the Top 10 Ethics and Compliance Articles You Don’t Want to Miss This Month

With so many articles available every month, it’s possible that a few got buried in either your inbox or the bowels of the blogosphere. Here are ten articles you don’t want to miss...more

Summer Storms and the FLSA: Paying Employees When Inclement Weather Shuts You Down

As we head into the waning days of June, strong storms and persistent flooding have been all over the news lately. Near me, storms earlier this week demolished homes and businesses, dropped a communications tower on a fire...more

Employment Law 101: Jury Duty

Who does it apply to: The Jurors Right to Reemployment Act and the Jury System Improvement Act of 1978 applies to all employers in Texas. These laws protect the employment status of those employees serving jury duty in either...more

Commission-Based Salaries Require Careful Attention to FLSA Compliance

The FLSA requires employers pay employees the minimum wage, as well as overtime at 1.5 times the employee’s regular rate of pay, to those who work more than 40 hours in a workweek. These requirements apply to all employees —...more

Weather Events Create Difficult HR Issues

In the last month, Houston employers have faced catastrophic rains, flooding, and now a tropical storm. We thought it would be a good time to dust off the Firm’s HR Guide for Hurricane and Disaster Preparation, which can be...more

Determining When a Commission is "Earned" When Calculating the Regular Rate

In our last post, we discussed the calculation of the “regular rate” and some of the complexities of determining what constitutes “remuneration” under the Fair Labor Standards Act (FLSA). Commission is one of the additional...more

New York State Department of Labor Published Proposed Rules Regarding Non-Exempt Employees Paid by Debit Card

On May 27, 2015, the New York State Department Of Labor (“NYSDOL”) published proposed rules addressing the payment of wages by payroll debit cards. Pursuant to the draft regulations, prior to paying an employee by payroll...more

Hang Up After Hours? The Spring 2015 Regulatory Agenda Tackles This and Other Overtime Issues

On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

Weathering The Recent Storms in Texas: How to Compensate Employees for Lost Time

In the wake of Houston’s recent flooding, countless businesses closed their doors, and many individuals are coping with homes in disrepair. Texas employers wondering whether they must pay workers for lost time during...more

Two Good Reasons to Keep Your Company's Job Descriptions Current and Accurate

Job descriptions often fall to the bottom of the human resource “to do” list. An audit of almost any company’s job descriptions will reveal job descriptions that are outdated, vague and carried forward from the company’s...more

Moving Exempt Employees to Non-Exempt Status [Wage & Hour FAQs]

We discuss the misclassification of non-exempt employees regularly here on the blog and in our presentations at conferences and webinars, but a reader of the blog wrote me before the holiday weekend to ask about the reverse...more

Automobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit

Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate...more

"Make-Up" Time is Attractive to Employees and Employers, but is Easily Misused Creating Risk for the Employer

We wrote recently about "comp time" as an attractive but risky alternative to overtime for non-exempt employees. "Make-up" time falls into the same risky category. Employees often like to make up missed time instead of...more

Must Management Justify Treating Exempt Employees As Non-Exempt?

For years, The Big Corporation has treated its Department Supervisors as meeting all of the requirements for the executive exemption from the federal Fair Labor Standards Act's minimum-wage and overtime requirements. However,...more

Still Waiting for Those New Proposed FLSA Overtime Regulations

You may recall that over a year ago, President Obama directed the Secretary of Labor to “modernize and streamline” the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the “white...more

Everything Must Go? Dealership's Service Advisors Not Exempt from Overtime

Classifying employees as exempt or non-exempt can prove to be an arduous task for some employers. For others, however, the classification is easy, particularly where the state or federal authorities expressly spell out the...more

The Importance of Tracking Employee Time – Simple Practices to Avoid Big Headaches

Employers must keep track of hours worked by hourly, non-exempt employees. Any timekeeping method is permitted, as long as it is complete and accurate. The need to track hours might appear obvious at first, but in reality,...more

D.C. DOES Provides Additional Guidance On The D.C. Wage Theft Prevention Amendment Act And Reveals New “Zip Code” Program For D.C....

On Thursday, March 12, 2015, the District of Columbia Department of Employment Services (“DOES”) hosted its first Webinar regarding the D.C. Wage Theft Prevention Amendment Act (the “Act”), and its subsequent amendments. ...more

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