Unpaid Overtime The United States Department of Labor

News & Analysis as of

Fifth Circuit Fast-Tracks Appeal of Overtime Rule Injunction

On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to...more

What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more

Despite Uncertainty, New DOL Exemption Rules to Take Effect on December 1, 2016; California Sets New Rates for Computer Software...

Although the U.S. Department of Labor's (DOL's) new overtime rules are scheduled to go into effect on December 1, 2016, the results of the U.S. presidential election and a pending federal court case are causing some...more

Federal Minimum Salary Increases for Exempt Workers Take Effect December 1, 2016

If you have not audited your exempt employee pay practices for compliance with the federal Department of Labor’s rules announced earlier this year, you have just under two weeks to do so. Starting December 1, 2016, the...more

Breaking News: Judge Says He Will Issue Ruling on November 22 Regarding DOL Proposed OT Rule!

As we reported recently, 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1. ...more

Department of Labor Higher Salary Thresholds Effective December 1, 2016

As an important reminder, the Department of Labor (DOL) minimum salary levels for the white-collar exemptions increase effective December 1, 2016. ...more

Three-Weeks to the Overtime Effective Date: Communicate With Employees Regarding Planned Compensation Changes, Overtime...

Only three weeks remain until the U.S. Department of Labor’s revised overtime regulations under the Fair Labor Standards Act (FLSA) become effective. With the December 1, 2016, compliance deadline rapidly approaching,...more

Still Looming – The Regulations Regarding Overtime Exemptions

When we last visited this topic, the proposed regulations revising the overtime exemptions were still very new. The regulations are due to go into effect on December 1 of this year. There has been legislation introduced to...more

Paid Breaks Cannot Offset Overtime Obligations

Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more

SCOTUS Sends Auto Workers Back to Circuit Court for Overtime Regulation “Repairs”

You may not even know the technical name for workers at the local car dealership who diagnose what is wrong with your vehicle and tell you how it can be repaired. They are called auto service advisors, and whether they are...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

White House Would Veto Any Law to Delay Effective Date of Overtime Rule Change

On September 28, 2016, the House of Representatives passed a bill to delay the effective date of the new overtime rule by six months (from December 1, 2016 to June 1, 2017). ...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

House Attempts to Stall Change to Overtime Law

Yesterday, the House of Representatives passed a bill to delay the Department of Labor's upcoming increase to the amount of salary an employer needs to pay in order to be eligible to classify a worker as exempt from overtime....more

Employment Law Navigator – Week in Review: September 2016 #4

Last week, 21 states filed a lawsuit challenging the Department of Labor’s new overtime rules. Within hours, another suit was filed by the U.S. Chamber of Commerce and business groups. The lawsuits contend that the Department...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

Update – Red States Sue to Stop Enactment of Obama Administration’s Changes to Federal Overtime Laws

As we previously reported, in March of 2014, President Obama unilaterally directed the Department of Labor (DOL) to review and update the requirements necessary for an employee to be considered “exempt” from overtime. The DOL...more

Employee Benefits and the New Overtime Rules

The Department of Labor’s new overtime rules take effect December 1, 2016, and employers across the country are carefully reviewing and modifying their compensation and payroll practices in anticipation. As part of this...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

August 2016 Independent Contractor Misclassification and Compliance News Update

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Are you prepared for overtime regulations?

On December 1, 2016, the U.S. Department of Labor’s new Fair Labor Standards Act overtime regulations will take effect. Millions of employees who are currently exempt will, for the first time, earn overtime for any hours...more

Three Options to Manage the New Salaried Employee Rules

The Administration has issued new rules affecting overtime payments to workers who were formerly considered exempt. What does this mean for your business? The Obama Administration recently released a new rule governing...more

Employment Law Navigator – Week in Review: August 2016 #5

Last week, we were reminded of the impact of the Department of Labor’s Wage and Hour Division enforcement activities. The agency announced that National Freight, Inc. will pay more than $1,000,000 in back wages to 359 workers...more

Labor Department Settles Overtime Pay Dispute with Its Own Employees

The Department of Labor (DOL) has agreed to pay $7 million to resolve claims that it failed to pay overtime to thousands of its own employees. The settlement reached with the American Federation of Government Employees Local...more

100 Days Until the New Overtime Rule Takes Effect: Is Your Company Ready?

On December 1, 2016, the annual cost of classifying most executive, administrative, or professional employees as “exempt” from the overtime rules more than doubles ($23,660 to $47,476). Is your company ready for this change?...more

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