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

News & Analysis as of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Although Presidential Election Creates Questions About FLSA Regulations, Employers Who Ignore December 1 Effective Date Do So At...

Effective December 1, 2016, pursuant to new Fair Labor Standards Act (FLSA) regulations adopted by the U.S. Department of Labor (DOL), the salary threshold for many salaried exempt employees will increase substantially, from...more

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

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

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

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

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

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?

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

New Overtime Regulations Frozen – to Death? What You Need to Know About the Overtime Rule Injunction Issued Nov. 22, 2016

On March 13, 2014, President Barack Obama issued a presidential memorandum directing the Secretary of Labor to “modernize and streamline the existing overtime regulations”. The Department of Labor (DOL) took action and, in...more

The DOL Overtime Salary Regulation is Temporarily Enjoined - Now What?

On Tuesday, November 22, 2016, a federal court in Texas issued a preliminary injunction temporarily barring the Department of Labor from implementing the December 1, 2016 salary rate increase for the white collar overtime...more

Nationwide Injunction Issued for the Department of Labor's FLSA Overtime Rule Changes

On November 22, a federal court in Texas has issued a nationwide injunction of the Department of Labor's final rule increasing the minimum salary level required to qualify for an exemption from the Fair Labor Standards Act's...more

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