Over-Time The United States Department of Labor

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DOL Solicitor General States That New FLSA Regulations May Not Be Implemented Until Late 2016

At a recent American Bar Association Conference in Philadelphia, the United States Department of Labor's Solicitor General announced that the much-anticipated new Fair Labor Standards Act (FLSA) regulations would likely not...more

UPDATE: OMB Says DOL May Publish Final White Collar Exemptions Overtime Rules in July 2016

July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just...more

DOL Targets July 2016 For Release of Final Overtime Rule

In its Fall 2015 Semiannual Regulatory Agenda, published last week, the U.S. Department of Labor (DOL) estimated a July 2016 timetable for the publication of the Final Rule containing the agency’s changes to the “white...more

Start Preparing Now for Wage and Hour Changes on the Horizon

As we have previously reported on this blog, and as most of you are well aware, the U.S. Department of Labor has published its highly-anticipated proposed revisions to the “white collar” exemptions under the Fair Labor...more

Outsmart the Pending Changes to the Overtime Law with Advance Planning

In June we alerted you to the fact that the Department of Labor (“DOL”) was planning to increase the minimum weekly salary an employee must be paid in order to qualify for an exemption from overtime. Since that time, the DOL...more

DOL’s Home Care Rule goes live.

Yesterday the U.S. Department of Labor began enforcement of its Home-Care Rule, which prohibits third-party employers from taking advantage of the overtime exemption for some domestic workers. The rule also narrows the...more

Breaking News: DOL Indicates That New White Collar Exemption Overtime Rule May Not Go Into Effect Until Late 2016

The Department of Labor’s proposed overhaul of the white-collar exemption overtime regulations, which could expand overtime eligibility to an estimated 4.6 million workers, may not go into effect on the breakneck timeline...more

Still No Timetable For Revised Overtime Regulations; DOL Has Received More Than 290,000 Comments

Employers continue to prepare for the forthcoming changes to the overtime rules, particularly the increases in the minimum salary required for exemption as an executive, administrative, or professional employee. The U.S....more

Employment Law Update - November 2015

Coming Changes to Overtime Exemptions Rules Will Have Serious Impact on Employers - The Fair Labor Standards Act ("FLSA") requires that employees be paid minimum wage and overtime pay at a rate of not less than one and...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

DOL Enforcement of Domestic Service Home Care Worker Employment Compliance Begins November 12, 2015

The U.S. Department of Labor (DOL), due to pending litigation, had not begun to enforce the Fair Labor Standards Act (FLSA) final rule on protections relating to most home care workers, which rules had an effective date of...more

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

Home Care Associations Seek Stay by SCOTUS of New Wage-and-Hour Rules, As the Effective Date of DOL Wage-and-Hour Regulations...

Recently, the D.C. Circuit Court of Appeals ruled in Home Care Association of America, et al. v. Weil, that the Department of Labor’s (“DOL”) regulations about the inapplicability of certain statutory exemptions for...more

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

Proposed FLSA Regulation Means Higher Salaries in California

Earlier this summer, the U.S. Department of Labor (“DOL”) issued a proposed regulation that could make it more difficult for employers to classify employees as “exempt,” i.e., exempt from being paid overtime, under federal...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

The U.S. Department of Labor Strikes Again – Worker Misclassification is (Still) a Hot Topic

Continuing the trend of exposing companies who have misclassified workers, the U.S. Department of Labor (DOL) has persuaded its latest target, Halliburton Co., to pay $18.3 million to compensate employees for unpaid overtime....more

DOL Delays Expansion of Home Health Care Worker Benefits

Last month, we highlighted a revival of Department of Labor (DOL) rules expanding overtime and minimum wage coverage to home health care workers. At the time, it appeared likely that the decision in Home Care Association of...more

DOL Facing Backlash over Proposed Increase in Overtime Pay

Friday, September 4 is the final day to provide comments on the legislation. As the end of 60 day period for public comment on the proposed revisions to the U.S. Department of Labor's ("DOL") overtime rule approaches,...more

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more

DOL Won’t Extend 60-Day Comment Period on Proposed Revisions to “White Collar” Exemptions

U.S. Department of Labor Wage and Hour Division chief David Weil reportedly told Congress yesterday that the agency won’t extend the 60-day public comment period for its proposed revisions to the FLSA’s “white collar”...more

Employers Who Permit After-Hours Work Should Exercise Caution in Light of an Anticipated Increase in Nonexempt Workers

A proposed rule from the U.S. Department of Labor in support of President Obama's March 2014 directive regarding overtime pay is open for comments through September 4, 2015. If enacted, the new rule would effect changes that...more

D.C. Circuit Court of Appeals Upholds USDOL’s Revised Regulations on the “Companionship Exemption” Under the FLSA

On August 21, the United States Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s revisions to the “companionship exemption” under the Fair Labor Standards Act, and reversed two...more

Change to FLSA Companionship Exemption Extends Minimum Wage and Overtime Protections to Home Health Care Aides

After almost fourteen months of legal challenges, the U.S. Department of Labor has emerged victorious in its attempt to modify the FLSA’s companionship exemption. On August 21, the U.S. Court of Appeals for the D.C. Circuit...more

Department of Labor Makes Its Move

With just more than a year left in this administration, the U.S. Department of Labor (“DOL” or “Department”) has rolled out two major initiatives that promise to keep employers busy ensuring they are in compliance. First, in...more

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