Non-Exempt Employees Exempt-Employees Fair Labor Standards Act

News & Analysis as of

New FLSA Overtime Exemption Rules Expected Imminently

Seyfarth Synopsis: As early as next week, the Department of Labor is expected to issue its final rule implementing revisions to the regulations governing the application of the FLSA’s “white collar” exemptions from overtime...more

"The Online Exemption Checklist Says . . ."

Coming changes in at least some of the U.S. Labor Department's definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions are leading employers to evaluate whether employees they treat...more

Update on Publication of the New FLSA Overtime Regulations

The final overtime rule is edging closer to release: the U.S. Department of Labor (USDOL) has sent its final changes for determining which workers are eligible for overtime pay to the Office of Management and Budget (OMB) for...more

What’s Good for the Goose: Members of Congress Will Face Challenges in Complying With the DOL’s Proposed Overtime Rules

In the wake of the U.S. Department of Labor’s Wage & Hour Division proposal to amend the “white collar” exemptions, some members of the United States Congress are struggling with how they will comply with the new law....more

Employers Again Brace for Winter Storms

With severe winter weather predicted for much of the East Coast and extending as far west as Central Arkansas, employers should be prepared to address the impact of the winter storms on their businesses. Issues employers may...more

"Proposed Rules to Tighten Wage and Hour Exemptions"

In June 2015, the Department of Labor (DOL) unveiled a proposed rule that, if enacted, will result in federal overtime requirements covering an additional estimated 5 million people. The proposed rule was issued in response...more

The Fourth Circuit’s Countdown to 2016 Includes Two FLSA Classification Decisions

While we were in the midst of office holiday parties and end of the year celebrations, the Fourth Circuit Court of Appeals came down with two precedential decisions for employers to ponder in the New Year. In Williams v....more

That is SO last week - October 2015 #3

Last week was a tough one for Uber, an exemplar of the “sharing economy.” Multiple lawsuits against the company are focused on the status of drivers as employees or independent contractors, and now the Oregon Bureau of Labor...more

Employment Law Update: Wages and Water: What Do We Do?

With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all...more

Sixth Circuit Takes the Bait: Worm Farm Employees Fit Under FLSA Agricultural Exemption for Overtime

Providing legal scholars nationwide a unique opportunity to opine on worm-farming, the Sixth Circuit Court of Appeals held on Friday, October 2, that farm workers involved in the growing of bait worms are exempt overtime...more

Financial Services Industry: Be Aware of Proposed White Collar Overtime Regulations

The financial services area received a defeat earlier this year when the United States Supreme Court in March upheld the Department of Labor's (DOL) Administrative Interpretation concluding that mortgage loan officers do not...more

Public Comment Period on DOL’s Proposed “White-Collar” Exemption Regulations Closes

As the public comment period closed on the U.S. Department of Labor’s proposed revisions to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”), the Wage & Hour Defense Institute (“WHDI”), a national...more

Labor Day Hot Topics

Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more

Proposed OT Regulations Will Hit Hospitality Industry Hard

At long last, the anxiously awaited proposed changes to the regulations defining federal wage and hour law have been published by the U.S. Department of Labor (USDOL). The changes, if adopted, would impact the determination...more

No extension for you! Employers – brace for the impact of the new DOL overtime rules

The US Department of Labor’s (DOL) Wage and Hour Division Administrator David Weil reportedly told Congress on Monday that the agency will not extend the 60-day public comment period for its proposed regulation narrowing the...more

Hospitality Industry Targeted in Proposed White Collar Overtime Regulations

In a March 13, 2014, memorandum, President Barack Obama directed the Department of Labor (DOL) to "modify," "streamline" and "simplify" the federal regulations regarding exemptions to overtime under the Fair Labor Standards...more

Hurricane Preparedness Applies at Work as Well as at Home – Questions Employers May Face This Season

Florida Governor Rick Scott has declared a state of emergency as forecasters continue to track the path of Tropical Storm Erika, which is predicted to hit the state on Monday. Although it is unclear how strong the storm will...more

Major Changes to Overtime Regulations for "White Collar" Workers

On July 6, 2015, the U.S. Department of Labor (“DOL”) issued proposed new regulations that will significantly change the law governing certain “white collar” workers who are exempt from minimum wage and overtime pay. All...more

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision...more

Proposed Overtime Rules Could Significantly Impact Hospitality Businesses

The U.S. Department of Labor has proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions, and President Obama recently announced plans that will extend overtime under the FLSA for salaried “white...more

USDOL Proposes Significant Increase In The Minimum Salary An Employee Must Earn To Be Exempt From Overtime

In one of the most potentially sweeping changes to the Fair Labor Standards Act (FLSA) regulations in over a decade, the U.S. Department of Labor (USDOL) has proposed an increase in the minimum salary for employees to qualify...more

5 Ways Employers Can Spend A Lot Less Time In Court

“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these...more

New Proposed Rules on Overtime

The President recently announced an “expansion” of the coverage of overtime rules to employees. In that regard, the U.S. Department of Labor’s Wage and Hour Division (the “DOL”) issued proposed updated regulations governing...more

Miss Any of the Major Wage & Hour Law News this Summer? We’ve Got You Covered

Developments in wage and hour law made major waves for employers this summer. They include: (1) proposed new overtime regulations from the U.S. Department of Labor (DOL); (2) an announced crackdown by the DOL on employers who...more

Employer Alert: Proposed Regs Allow More Employees To Be Eligible for Overtime

On July 6, 2015, the Department of Labor (“DOL”) proposed new regulations that would significantly raise the salary requirements for executive, administrative, professional, and computer professional employees (“white collar...more

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