News & Analysis as of

Non-Exempt Employees Exempt-Employees The United States Department of Labor

Budget Blues: Planning for a Possible Government Shutdown

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a long-term funding bill, we could be facing a federal government shutdown with no money flowing to fund non-essential services. While it seems the crisis may be averted for now —...more

It Ain’t Over Till It’s Over – California Bill Would Increase Overtime Exemption Salary Threshold

by Fisher Phillips on

Employers nationwide breathed a collective sigh of relief when a federal district court judge in Texas enjoined the U.S. Department of Labor’s (USDOL’s) implementation of new minimum salary threshold requirements for the...more

Service Advisors at Auto Dealerships Not Exempt, Says the Ninth Circuit

by Tonkon Torp LLP on

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from...more

Ninth Circuit Rules Service Advisors at Automotive Dealerships Are Not Exempt From Overtime Pay

by FordHarrison on

On January 9, 2017, the U.S. Ninth Circuit Court of Appeals ruled in Navarro v. Encino Motorcars, for the second time, that service advisors at automotive dealerships are not exempt from overtime. In 2015, the Ninth Circuit...more

Injunction of the DOL’s Overtime Rule and Its Appeal

by Bass, Berry & Sims PLC on

Is the Department of Labor (DOL) overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political...more

OT Exemption Rules Lawsuit Will Proceed Despite Appeal

by Franczek Radelet P.C. on

Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas has decided that he will not halt the lawsuit challenging the U.S. DOL’s new overtime exemption rules pending a ruling from the 5th Circuit Court...more

Court blocks DOL’s new overtime rule from taking effect

by Kirton McConkie PC on

The Fair Labor Standards Act (FLSA) generally requires employers to pay employees at least the federal minimum wage (currently $7.25 per hour). The FLSA also requires employers to pay employees overtime compensation for all...more

It’s Official — New York’s Salary Threshold for the Executive and Administrative Exemptions Is Increasing — THIS WEEK

by Bond Schoeneck & King PLLC on

As expected, this morning, the New York State Department of Labor published its final rule increasing the salary threshold applicable to exempt executive and administrative employees in New York State. While the ultimate...more

New York State Gifts Employers With State Wage Regulation End-of-Year Overhaul

by Cozen O'Connor on

While almost everyone’s attention is focused on changes that the Trump administration will bring at the national level, New York is about to implement far-reaching regulations that will significantly impact employers...more

Texas Federal Court Issues Nationwide Injunction Barring Implementation of New Overtime Rules

On November 22, 2016, a federal court in Texas ruled that the U.S. Department of Labor (DOL) unlawfully issued its Final Rule raising the minimum annual salary threshold for most “white collar” overtime exemptions under the...more

Federal Court Blocks New Overtime Rule from Taking Effect

by Kirton McConkie PC on

The Fair Labor Standards Act (“FLSA”) generally requires that most employers pay nonexempt employees overtime compensation for all hours worked over 40 during a workweek. Overtime compensation must be at least one and...more

Federal Overtime Rule Injunction Calls for State-Level Attention

by Littler on

Many businesses let out a sigh of relief after a federal judge issued a preliminary injunction halting the U.S. Department of Labor’s (DOL) final rule increasing the minimum pay requirements for exempt executive,...more

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

by Morgan Lewis on

Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more

While USDOL’S Overtime Regulations are Held Up on Appeal, New York Presses on With its Own Salary Level Increase

2016 has proven to be an eventful year on the wage and hour front. In May, the U.S. Department of Labor announced new Fair Labor Standards Act regulations governing the “white collar” executive, administrative, and...more

Department of Labor’s Appeal of Overtime Exemption Injunction Likely Weakens Under New Secretary of Labor

by Tarter Krinsky & Drogin LLP on

On November 23, we reported that a federal judge in Texas had issued an injunction blocking implementation of the long-awaited new Fair Labor Standards Act exemption regulations. Those regulations would have, among other...more

The New Salary Regulations: The Saga Continues

by Akerman LLP on

While employers took solace from the November 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is...more

Food and Beverage Law Update: December 2016

by Holland & Knight LLP on

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

The New Salary Regulations: The Saga Continues

by Akerman LLP - HR Defense on

While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not...more

Exemption Rules Appeal Won't Be Resolved Before Obama Leaves Office

by Franczek Radelet P.C. on

It looks like the U.S. Department of Labor’s appeal of the order blocking the new overtime exemption rules won’t be decided before President Obama leaves office. Under the Court of Appeals’ regular rules, the DOL’s opening...more

Banking & Financial Services E-Note - November 2016

by Burr & Forman on

Employers across the country can now exhale. On Tuesday, November 22, 2016, a Texas federal court entered a nationwide injunction blocking the U.S. Department of Labor’s (“DOL”) new federal overtime rules from taking effect...more

Not Dead Yet! DOL to Appeal Overtime Exemption Rules Injunction

by Franczek Radelet P.C. on

Sorry employers, the ride’s not over yet. For those of you keeping track, the U.S. Department of Labor’s new overtime exemption rules were set to go into effect yesterday, December 1, 2016. However, on November 22, 2016, the...more

What Should Employers Do About Overtime Now? Ask The Wage-Hour Lawyers.

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The...more

New York Employers Take Note: Federal Court Injunction Blocking the Federal Overtime Regulations Means Little in New York

by Pepper Hamilton LLP on

Proposed New York regulations will nearly approach the now-enjoined federal salary thresholds — and then leapfrog those amounts in subsequent years. Originally published in Daily Labor Report - November 30, 2016....more

Nationwide Injunction Temporarily Blocks December 1, 2016 Overtime Exemption Changes

by Reminger Co., LPA on

On November 22, 2016—nine days before a drastic increase to the salary requirement for overtime exemptions was set to take effect—a Texas federal court issued a nationwide preliminary injunction temporarily blocking it....more

Fair Labor Standards Act Salary Level Regulations Enjoined! What Should Employers Do Now?

by Saul Ewing LLP on

A nationwide temporary injunction blocking the Department of Labor’s new salary level Rule from going into effect on December 1, 2016 was issued last week by Judge Amos L. Mazant III of the U.S. District Court for the Eastern...more

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