Over-Time Non-Exempt Employees Wage and Hour

News & Analysis as of

Special Note for Illinois Employers Regarding Tracking Hours

Tracking of hours for salaried/exempt employees has always been a questionable practice. In fact, the U.S. Department of Labor (“US DOL”) could arguably use such tracking as a factor suggesting that the individuals are really...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

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

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision...more

New Proposed Rules on Overtime

The President recently announced an “expansion” of the coverage of overtime rules to employees. In that regard, the U.S. Department of Labor’s Wage and Hour Division (the “DOL”) issued proposed updated regulations governing...more

Miss Any of the Major Wage & Hour Law News this Summer? We’ve Got You Covered

Developments in wage and hour law made major waves for employers this summer. They include: (1) proposed new overtime regulations from the U.S. Department of Labor (DOL); (2) an announced crackdown by the DOL on employers who...more

How Contemplated Changes to the White-Collar Exemptions’ Duties Tests Could Reward Your Poor Performers…and What You Can Do in...

As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s...more

Department of Labor Proposes New Overtime Regulations

On June 30, 2015, the Department of Labor (the “DOL”) released proposed modifications to its overtime exemptions under the federal Fair Labor Standards Act (the “FLSA”). The proposed revisions increase the minimum salary...more

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more

U.S. Department of Labor to Expand Overtime Protections for “White Collar” Employees

On June 30, 2015 the U.S. Department of Labor (DOL) announced its proposal to revise its Fair Labor and Standards Act (“FLSA) regulations to narrow the exemptions from overtime pay for most so-called “white collar” employees....more

Department of Labor Proposes New Regulations Regarding Federal Overtime Exemptions

On July 1, 2015, the Department of Labor issued proposed regulations concerning the so-called “white collar” exemptions under the Fair Labor Standards Act (FLSA). The proposed regulations have received a great deal of...more

Proposed Changes to the White Collar Exemptions Under the FLSA Might Make Some Employers Turn Green

On July 6, 2015, the Wage and Hour Division of the Department of Labor (DOL) issued its proposed rule and request for comment entitled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, and...more

Department of Labor Releases Proposed Rule to Update White Collar Exemptions to the FLSA's Overtime Requirement

On June 30, 2015, the Department of Labor (DOL) released a Proposed Rule to update the regulations governing overtime requirements for executive, administrative, and professional employees (white collar employees). Under the...more

Newly Released Proposed Overtime Regulations Estimated to Make 5 Million Workers Eligible for OT

We noted last year that the Obama Administration had directed the United States Department of Labor (DOL) to review and amend the so-called “white collar” exemptions to the overtime requirements of the Fair Labor Standards...more

DOL Seeks to Cover More Employees with Overtime Protections

After years of anticipation, the U.S. Department of Labor (DOL) released its Notice of Proposed Rule Making on June 30, 2015, revising the overtime exemptions under the Fair Labor Standards Act (FLSA) by targeting salary...more

Department of Labor Issues Proposed Rule on Overtime

Yesterday, the Wage and Hour Division of the Department of Labor used its rulemaking authority to propose changes to existing overtime regulations that President Obama announced would make “up to five million more people...more

The Wait Is Over - DOL Proposes New Rules for White-Collar Overtime Exemption

Early last year, President Obama directed the Department of Labor (DOL) to update the rules governing which white-collar workers qualify as exempt from federal minimum wage and overtime laws. Employers have since been...more

Department of Labor Issues New Proposed FLSA White Collar Regulations

On June 30, 2015, the Department of Labor issued its long-awaited Notice of Proposed Rulemaking, which updates the Fair Labor Standards Act (FLSA) regulations relating to white collar employees. The proposed regulation would...more

Hang Up After Hours? The Spring 2015 Regulatory Agenda Tackles This and Other Overtime Issues

On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

Eleventh Circuit Rules That Employer Cannot Assert Worker Misconduct Equitable Defenses in FLSA Unpaid Overtime Claim Where...

The Eleventh Circuit Court of Appeals recently issued an opinion holding that an employer cannot assert equitable defenses based on an employee’s misconduct in under-reporting hours as a total bar to the employee’s FLSA claim...more

Quick Quiz: Pay For Being In On-Call Status

Chris is a non-exempt computer Help Desk employee. During one workweek of each calendar quarter, after his normal shift ends he leaves his workplace but is on-call for eight hours a day for each of seven days. On average,...more

Dispelling Employment Myths Series – Issue 7: No Overtime for You!

Employment Myth #7: “My secretary worked 60 hours in the first week of the pay period and 20 hours in the next one, so she doesn’t get any overtime.” Under the Fair Labor Standards Act (FLSA), non-exempt employees are...more

Remember to Calculate Overtime Pay Based on Your Employees' "Regular Rate of Pay"

When a non-exempt employee is entitled to overtime compensation, the hourly rate of pay from which the overtime compensation is calculated is known as the employee's "regular rate of pay." If an employee subject to...more

Supreme Court Agrees To Hear Trade Group Challenge To Mortgage Loan Officer Compensation Guidance

On June 16, the U.S. Supreme Court consolidated and agreed to hear two related cases regarding the Department of Labor’s (DOL) 2010 interpretation of its regulations under the Fair Labor Standards Act that mortgage loan...more

New Department of Labor Rule to Limit Live-In Employees Eligible for Exempt Status

The Fair Labor Standards Act (FLSA) has long provided an exemption for overtime wages to employees engaged in "companionship services," such as in-home caretakers who sleep at their patients' homes. Recently, however, the...more

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