Non-Exempt Employees

News & Analysis as of

House Votes to Delay OT Rule But Employers Are Not Out of the Woods Yet

Yesterday, the United States House of Representatives passed a bill, H.R. 6094 (the “bill” referred to as the Regulatory Relief for Small Businesses, Schools and Nonprofits Act), that would delay the effective date of the...more

States and Business Groups Seek to Halt Implementation of Revised Overtime Rules; Employers Encouraged to Stay The Course

While new overtime provisions of the Fair Labor Standards Act are being challenged in court, employers should still prepare for a likely December 1 effective date. On September 20, 2016, 21 states and more than 50...more

Challenges Filed to DOL Overtime Regulations

The U.S. Department of Labor’s new regulations governing the “white collar” exemptions from overtime are only two months away. Under the new regulations, which go into effect on December 1, 2016, “white collar” employees...more

States and Business Groups Challenge Increase to FLSA Salary Threshold

Twenty-one states and more than 50 business groups, in separate actions, have filed suit in the Eastern District of Texas seeking to enjoin implementation of the Department of Labor's (DOL) Final Rule increasing the salary...more

Despite Legal Challenge, Employers Should Plan to Comply with New DOL Overtime Regulations

On September 20, more than 50 business groups and 21 states filed two lawsuits in the Eastern District of Texas challenging the U.S. Department of Labor’s (DOL) new overtime regulations. These regulations will, among other...more

21 States File Suit Challenging the DOL’s New Overtime Rule

Earlier yesterday, a group of 21 states filed a lawsuit in the United States District Court for the Eastern District of Texas challenging the Department of Labor’s new overtime rule, which is set to take effect on December 1,...more

Time Running Out for Compliance with New DOL Overtime Regulation

As noted in this space in May, effective December 1, employees earning less than $47,476 per year may no longer be treated as exempt from overtime under the federal Fair Labor Standards Act. See “New Wage and Hour...more

What Is The Section 7(i) Exemption And Does It Apply To Auto Dealer Service Advisers?

Over the summer, the U.S. Supreme Court punted on the question of whether “Service Advisers” or “Service Writers” at auto dealerships fall within the Fair Labor Standards Act’s exemption for “any salesman, partsman, or...more

Reminder – New FLSA Overtime Regulations Take Effect December 1

The calendar (if not the weather) tells us that fall is almost here. With the change in seasons comes another reminder that the effective date of the U.S. Department of Labor’s new Fair Labor Standards Act “white-collar”...more

Employee Benefits and the New Overtime Rules

The Department of Labor’s new overtime rules take effect December 1, 2016, and employers across the country are carefully reviewing and modifying their compensation and payroll practices in anticipation. As part of this...more

6 Resources for Complying with New FLSA Overtime Rules

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

Alert: 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 of the year. It’s also 85 days until December 1,...more

Are you prepared for overtime regulations?

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

[Webinar] The New Overtime Rules Effective in December: Are You Ready? - September 22nd, 12:30pm EDT

Beginning December 1, 2016, many exempt employees may no longer be exempt. This is because the U.S. Department of Labor’s (DOL) updated regulations double the minimum weekly salary threshold required for employee positions to...more

Three Options to Manage the New Salaried Employee Rules

The Administration has issued new rules affecting overtime payments to workers who were formerly considered exempt. What does this mean for your business? The Obama Administration recently released a new rule governing...more

Non-Discretionary Bonuses and Overtime Pay Calculations

More employees than ever may be categorized as non-exempt when the new Department of Labor (“DOL”) salary requirement for exempt employees becomes effective on December 1, 2016. Many formerly salaried, exempt employees will...more

Do Not Overlook FLSA Duties in Light of New Salary Requirements

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

Health Care E-Note - August 2016

The Alabama Natural Death Act contains the provisions on how an individual may plan for end-of-life decisions. Specifically, it outlines the requirements for a valid Advanced Directive and the removal and withdrawal of life...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

DOL Settles Its Employees’ Wage Claims

It should not come as a surprise to readers of this blog that the U.S. Department of Labor (“DOL”) likes to trumpet its successes in enforcing federal wage and hour laws. This month alone, the agency has issued several press...more

Spa day! Let’s do an FLSA white-collar exemption makeover!

Employers, when was the last time you had a real makeover? Let’s do one now! The new white-collar exemptions under the Fair Labor Standards Act will go into effect December 1, but it’s a good idea for employers to...more

To Free or Not to Free: The DOL’s New Overtime Regulations May Give Employees the Ability to “Unplug”—But at What Cost?

Today, mobile technology allows many exempt employees to work remotely and perform work outside traditional working hours. Some commentators assert that the smartphone has stretched the traditional 9-to-5 workday into a 24/7...more

California Can No Longer Ignore Federal Classification Rules

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

The Fluctuating Workweek Approach to Compensation – It Could Save You Money!

With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating...more

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