News & Analysis as of

Unpaid Overtime The United States Department of Labor

Reflections Upon USDOL "Tip Retention" Enforcement

by Fisher Phillips on

We recently wrote about two federal appellate decisions holding that tipped employees for whom no federal Fair Labor Standards Act Section 3(m) "tip credit" has been taken, and to whom all FLSA minimum wages and overtime...more

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

The War on Employee Misclassification: Will Trump Call a Cease Fire?

by LeClairRyan on

During its two terms, the Obama Administration declared war on misclassification of employees as independent contractors. The U.S. Department of Labor (DOL) issued additional guidance on the proper classification of workers....more

Federal Court In Illinois Rules Online Retailer Of Event Tickets Qualifies As “Retail Establishment” Under Section 207(i) Of The...

by Jackson Lewis P.C. on

An online ticket broker that sells tickets to concerts, sporting events, and the theater qualifies as a “retail or service establishment” under Section 207(i) of the Fair Labor Standards Act (“FLSA”), Judge John Lee of the...more

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

by Jackson Lewis P.C. on

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the...more

January 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

The U.S. Supreme Court And Workplace Class Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

USDOL's Liquidated-Damages "Policy" Remains Obscure

by Fisher Phillips on

The federal Fair Labor Standards Act has long authorized the U.S. Department of Labor to sue to recover unpaid minimum-wage and overtime compensation due to current and former employees plus "an equal amount as liquidated...more

Presidential Pulse: 10 Key Ways the Trump Administration May Impact The Way You Do Business in 2017

by Seyfarth Shaw LLP on

Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more

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?

by Jaburg Wilk on

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

by Fenwick & West LLP on

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!

by Ruder Ware on

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

by Bracewell LLP on

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

by Garvey Schubert Barer on

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”

by Foley & Lardner LLP on

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

by Reed Smith on

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

by Partridge Snow & Hahn LLP on

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

by Zelle LLP on

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

290 Results
|
View per page
Page: of 12
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.