News & Analysis as of

Over-Time

DOL back at it: FLSA ‘white collar’ exemption salary threshold likely to increase

by McAfee & Taft on

Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016...more

What’s on the Agenda? Tips and OT

by Seyfarth Shaw LLP on

Each spring and fall, Washington waits with bated breath as the Executive Branch releases its regulatory agenda. As the first pronouncement of some of the specifics of the Trump Administration’s regulatory plans, this year’s...more

Court Says Uber Drivers Can Proceed With National Misclassification Class Action

by Fisher Phillips on

A federal court judge in North Carolina last week granted permission to a group of Uber drivers challenging the company’s classification structure to band together and proceed with a class action lawsuit against the...more

DOL Will Not Defend Obama Era FLSA Salary Threshold Rule, but Uncertainty Continues

by Burr & Forman on

Employers who have been anxiously awaiting an answer as to whether the Department of Labor (“DOL”) will continue to defend the Obama Administration’s controversial overtime rule that was temporarily blocked by a federal court...more

Employment Law This Week®: Social Media and Solicitation, Washington State’s New Leave Law, Joint-Employer Legislation,...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Retailer - Summer 2017

NEWS & ANALYSIS - Danger, Will Robinson? Automation is replacing – but also enhancing – many retail jobs- Of the 16 million Americans who work in retail, nearly half could lose their jobs to robots over the next...more

What Ever Happened to the Department of Labor’s New Overtime Rule?

by Foley & Lardner LLP on

As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016,...more

Overtime Update: DOL Signals Changes to the FLSA and White Collar Exemptions may be Coming Soon

For the past few years, HR legalist has been following the Department of Labor’s proposed overtime rule, which would have roughly doubled the salary threshold under which employees are guaranteed overtime pay, and made...more

In the Latest Episode of The Overtime Rule Soap Opera: DOL Tells Fifth Circuit It Will Revise Obama-Era Overtime Rule – But Not...

Last week, lawyers for the federal government told an appeals court that the Department of Labor plans to revise the currently-blocked overtime rule issued during the Obama administration last year.   But it won’t do so, it...more

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

by Fisher Phillips on

Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

Federal Appeals Court Rules Mortgage Underwriters Owed Overtime for Work in Excess of 40 Hours in Workweek

by Ballard Spahr LLP on

The Ninth Circuit Court of Appeals issued a decision last week holding that mortgage underwriters are not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The July 6 decision, which furthers a...more

Updates to federal overtime rule, delays continue

by Hellmuth & Johnson PLLC on

The delays continue regarding the overtime rule that was originally set to go into effect on December 1, 2016. This rule would have raised the salary threshold for exempt employees – those employees who were not entitled to...more

Finally Briefed: Appellate Experts’ Perspective on the Fully Briefed 5th Circuit EAP Exemption Appeal

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more

DOL Signals Change May Be in Store for Overtime Rule

by Barley Snyder on

Department Secretary Alexander Acosta first sent a “request for information” on the overtime rule to the White House’s Office of Management and Budget for its review and approval. Such a request is typically made when the...more

WPI Insider Briefing: Workplace Policy under the Trump Administration Begins to Take Shape as "Repeal and Replace" of the ACA...

by Littler on

Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more

DOL Brief in Overtime Rules Case Leaves New Uncertainty

by Franczek Radelet P.C. on

On June 30, the U.S. Department of Labor filed its long-awaited brief announcing the new administration’s position on the ongoing litigation over the FLSA overtime exemption rules published last May. As readers may recall,...more

DOL Drops New Salary Regulation

by Akerman LLP - HR Defense on

The Department of Labor is abandoning the new salary regulation that set a $47,476 threshold salary for employees to be exempt from overtime and intends to go back to the drawing board, based on a brief filed by the DOL on...more

Employment Law This Week®: Obama-Era Overtime Rule, EEOC Chair Nominee, Wage and Hour Opinion Letters, Tipping Rule

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Where Is The New OT Rule? Somewhere…

by Fox Rothschild LLP on

The attorneys for the USDOL advised the federal Fifth Circuit Court of Appeals that the agency does intend to revise the currently pending changes to the overtime regulations. The lawyers also requested that the Court...more

WPI State of the States: State Legislatures and Governors Turn Up the Heat

by Littler on

As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more

June 2017: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Department of Labor Indicates Intention for New Overtime Rule

Welcome back from the long holiday weekend! While you were by the pool or grilling in the backyard, you may have missed the news on the Obama-era proposed overtime rule: the Department of Labor (“DOL”) plans to abandon the...more

Flurry of Activity by Trump Department of Labor, Including Action on the Enjoined FLSA Overtime Exemption Regulations

On April 27, 2017, the Senate confirmed R. Alexander Acosta as the Secretary of Labor.  More than four months after President Trump took office, the U.S. Department of Labor finally had a new leader....more

DOL Steps Back From Obama Overtime Rule but Defends Salary-Test Authority

by Faegre Baker Daniels on

The U.S. Department of Labor (DOL) will not defend the Obama-era salary test for certain exemptions from overtime-pay requirements under the Fair Labor Standards Act (FLSA), according to its June 30, 2017 briefing to the...more

Wage Watch: Minimum Wage & Overtime Updates (June Edition)

by Littler on

Summer is upon us and the heat – from both a temperature and legislative perspective – is on. As employers across the county await action from federal labor officials concerning the currently-enjoined white collar salary...more

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