Over-Time

News & Analysis as of

The Roller Coaster Ride of the New White Collar Regulations

The Fair Labor Standards Act (FLSA) got a lot of attention in 2016, and as we move into 2017, there is significant speculation as to what will happen next....more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

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

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

DOL Overtime Case to Proceed at District Court After Judge Denies Stay Pending Appeal

Last week, a federal judge in Texas denied the U.S. Department of Labor’s (DOL) request to stay a lawsuit challenging implementation of the DOL’s new overtime rules during the pendency of the DOL’s appeal to the Fifth Circuit...more

Following the Remand of a Contentious Overtime Case, Chevron Deference May Be Murky

Last summer, in the waning stages of the Supreme Court’s 2015-2016 term, the U.S. Supreme Court issued an opinion reversing the U.S. Court of Appeals for the Ninth Circuit’s use of Chevron deference to overrule a district...more

Ninth Circuit Reaffirms Service Advisors Eligible for Overtime, Setting Up Second Potential Trip to Supreme Court

The U.S. Supreme Court in 2016 granted certiorari in Encino Motorcars, LLC v. Navarro to resolve a circuit split regarding whether “service advisors” at automobile dealerships are exempt from receiving overtime under the Fair...more

New Year, New Rules for Employers Doing Business in New York

Last year the New York legislature and New York Department of Labor amended several employment laws implementing changes that took effect at the end of 2016 or are set to take effect early this year. This post summarizes the...more

Injunction of the DOL’s Overtime Rule and Its Appeal

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

The Saga Continues on the Fate of the DOL’s Overtime Rule

Just before Thanksgiving, a Texas federal court judge issued an injunction blocking the closely-watched new federal overtime rule from taking effect as scheduled on December 1, 2016. As expected, the DOL is not going quietly...more

Quick Update On The FLSA Overtime Rule

Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case....more

Charting the Future: What’s Coming in 2017 in California Employment Law?

Seyfarth Synopsis: 2016 brought a wave of new protections for California employees and scant protection for employers. In this week’s post, we anticipate changes for 2017, in the ever-peculiar world of California employment...more

OT Exemption Rules Lawsuit Will Proceed Despite Appeal

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

New York State Substantially Increases Salary Thresholds for Exempt Employees

In the waning hours of 2016, new regulations went into effect that substantially increase the minimum salary an employee must have in order to be classified as exempt from the overtime provisions of the New York Labor Law....more

Mandatory Salary Increases Now in Effect for New York – What to Do Now

Employers in New York must scramble to assess the impact of the new substantial salary level increases that take effect on December 31, 2016. Below is a summary of the new salary levels for exempt administrative and executive...more

Lower-Court FLSA Salary Litigation Will Proceed

Federal District Judge Amos L. Mazzant has denied the U.S. Department of Labor's request to halt proceedings in his court while it appeals the preliminary injunction he granted preventing salary-related changes in the federal...more

Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal

Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...more

New Year, New Minimum Wage (Orders) in New York

As most employers are likely aware, effective Dec. 31, 2016, new minimum wages went into effect in New York. The rates vary for employers, depending on size and location. ...more

Court blocks DOL’s new overtime rule from taking effect

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

2016: They Say all Politics is Local: Now Employment Law is Too

The end of 2016 is a good time to review and consider a subtle shift in employment law which appears to be gaining momentum. The shift, which may be imperceptible at first, could prove to have lasting impact on employers,...more

Employment Law 2016 Review

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

New York State Rings in the New Year by Adopting Increased Salary Basis Thresholds

Just before their December 31, 2016 planned effective date, the regulations proposed by the New York State Department of Labor in October 2016 were formally adopted on December 28, 2016. Pursuant to the regulations, New York...more

New York State Has Adopted Amendments to Existing Minimum Wage Orders

The New York State Department of Labor (NYSDOL) has adopted the proposed amendments to its Wage Orders – ending weeks of speculation about whether and when increases in the minimum salaries for employees to be exempt from...more

Significant Changes to NY State Minimum Wage and Exempt Salary Obligations Take Effect on December 31, 2016

Attention was scarcely paid to an October 2016 issuance of proposed wage orders by the New York State Department of Labor. But they are now set to take effect December 31, 2016, and employers must be aware of their...more

Happy New Year and Be Aware of New NY State Salary Thresholds

NEW EXEMPT SALARY THRESHOLD – As the ball is dropping in Times Square, wage and hour regulations are changing for employers in New York. The New York Department of Labor has made it clear that on December 31, 2016, at...more

New York Increases Minimum Salary Level for Some Exempt Employees

While the federal Department of Labor’s new overtime rule remains enjoined pending an appeal to the U.S. Court of Appeals for the Fifth Circuit, the New York Department of Labor (NYDOL) has moved forward with its own changes...more

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