Over-Time Non-Exempt Employees Fair Labor Standards Act

News & Analysis as of

Mandatory Wage Exemption Changes

Gunner Gunter employs dealership manager Sayles and computer technician H. Packard (“Pack”) at Falconaire’s Fine Ford and pays these “white collar” employees $40,000 per year. In busy sales months, each averages 50-60 hours a...more

NY DOL To Increase Salary Threshold for Exempt Employees

As we all know, the revisions to the FLSA’s “white collar” exemptions will take effect December 1 and will increase the salary level required for the executive, administrative, and professional exemptions to $913 per week (or...more

FWW Under Attack

As employers prepare for the Department of Labor’s new salary threshold for executive, administrative and professional exempt employees, many turn to the Fluctuating Work Week (FWW) method of calculating overtime pay. Under...more

Changes to FLSA White Collar Exemptions Raise Questions About Service Contract Act Compliance

The U.S. Department of Labor (DOL) rule that updates the overtime regulations for executive, administrative and professional employees (the "white collar exemptions") under the Fair Labor Standards Act (FLSA) is set to take...more

Employers Beware – The Third Circuit Strictly Construes the FLSA Regulations to Prevent Taking Credit to Offset Overtime...

As employers prepare to implement the new federal Department of Labor regulations which, on December 1, 2016, will double the minimum salary required for many exemptions under the Fair Labor Standards Act (“FLSA”), employers...more

The Final Rule - FLSA, US DOL and Overtime Rules: Part 1 - The Basics

Overtime Final Rule: Fair Labor Standards Act (FLSA) – Part 541: In a nutshell: Changes: Effective December 1, 2016, there will be changes dictated by the Final Rule: 1. to the minimum salary level...more

Business Groups Ask Court To Expedite Ruling On Overtime Exemption Rules

In our last post we reported that the U.S. Chamber of Commerce and fifty-plus other business groups suing to block the U.S. DOL’s overtime exemption rule from taking effect had not yet moved to expedite the court’s ruling on...more

States Seek Preliminary Injunction Blocking New Overtime Rules

On September 20 we reported about a lawsuit by 21 states seeking to block the U.S. DOL’s new overtime exemption rules. This week, the states followed up their complaint by filing an Emergency Motion for Preliminary...more

50 Days Until the New Overtime Rule Takes Effect: Ready Or Not?

Barring something completely unexpected, the new overtime rules—effectively setting a federal minimum wage of $913 per week ($47,476 per year) for most exempt executive, administrative, or professional employees—will take...more

Two Big Lawsuits Challenge DOL’s New Overtime Regulations, But Don’t Get Your Hopes Up

As we all know by now, Department of Labor’s (DOL) new regulations regarding the “white-collar” exemptions to overtime go into effect on December 1. These regulations raise the weekly salary requirement for the executive,...more

The Regs They Are a-Changin’: Are You Ready?

FLSA: Employees Must Earn More To Qualify For Overtime Exemption - The U.S. Department of Labor’s long-expected amended regulations to the Fair Labor Standard Act (“FLSA”) will become effective on December 1, 2016. Under...more

California Computer Professional Salary Requirement to Increase to $88,318.55

Employers of California computer professionals must ensure compensation rates meet new salary thresholds that go into effect January 1, 2017. In addition to reviewing compensation to ensure compliance with upcoming...more

Workplace Policy Institute Insider Report - October 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The October edition of the Insider Report examines what Congress...more

Update on Legal Challenges to DOL Regulations

This year, the Department of Labor (DOL) announced new regulations that would double the minimum threshold for a salaried employee exempt from overtime from $455 per week to $913 per week (or $47,476). The regulations also...more

We May Not Have Heard The Last Word . . . The New White Collar Exemption Rules

Get ready, set…but wait…maybe not… As employers gear up to meet the swiftly approaching December 1, 2016, deadline to implement the Department of Labor’s (‘DOL”) new overtime pay requirements for white-collar workers, 21...more

New FLSA Regulations are Still on Track Despite House Vote

On September 28, 2016, the United States House of Representatives passed a bill that would postpone implementation of the FLSA’s new salary threshold for “white-collar” overtime exemptions. As we noted earlier this month, the...more

House Votes to Delay OT Rule But Employers Are Not Out of the Woods Yet

Yesterday, the United States House of Representatives passed a bill, H.R. 6094 (the “bill” referred to as the Regulatory Relief for Small Businesses, Schools and Nonprofits Act), that would delay the effective date of the...more

States and Business Groups Seek to Halt Implementation of Revised Overtime Rules; Employers Encouraged to Stay The Course

While new overtime provisions of the Fair Labor Standards Act are being challenged in court, employers should still prepare for a likely December 1 effective date. On September 20, 2016, 21 states and more than 50...more

States and Business Groups Challenge Increase to FLSA Salary Threshold

Twenty-one states and more than 50 business groups, in separate actions, have filed suit in the Eastern District of Texas seeking to enjoin implementation of the Department of Labor's (DOL) Final Rule increasing the salary...more

Despite Legal Challenge, Employers Should Plan to Comply with New DOL Overtime Regulations

On September 20, more than 50 business groups and 21 states filed two lawsuits in the Eastern District of Texas challenging the U.S. Department of Labor’s (DOL) new overtime regulations. These regulations will, among other...more

21 States File Suit Challenging the DOL’s New Overtime Rule

Earlier yesterday, a group of 21 states filed a lawsuit in the United States District Court for the Eastern District of Texas challenging the Department of Labor’s new overtime rule, which is set to take effect on December 1,...more

Time Running Out for Compliance with New DOL Overtime Regulation

As noted in this space in May, effective December 1, employees earning less than $47,476 per year may no longer be treated as exempt from overtime under the federal Fair Labor Standards Act. See “New Wage and Hour...more

What Is The Section 7(i) Exemption And Does It Apply To Auto Dealer Service Advisers?

Over the summer, the U.S. Supreme Court punted on the question of whether “Service Advisers” or “Service Writers” at auto dealerships fall within the Fair Labor Standards Act’s exemption for “any salesman, partsman, or...more

Reminder – New FLSA Overtime Regulations Take Effect December 1

The calendar (if not the weather) tells us that fall is almost here. With the change in seasons comes another reminder that the effective date of the U.S. Department of Labor’s new Fair Labor Standards Act “white-collar”...more

6 Resources for Complying with New FLSA Overtime Rules

The sweeping new Fair Labor Standards Act (FLSA) regulations that go into effect December 1, 2016 will impact all organizations with exempt employees. That means nearly all organizations — and virtually all companies — must...more

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