News & Analysis as of

Looking Into My Crystal Ball At The Future Of FLSA Regulations

Last month, I wrote about the Obama Administration’s Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair Labor...more

The Time-and-a-Halfs They Are A ‘Changin’

Earlier this month, President Obama directed the U.S. Department of Labor to update the federal overtime pay regulations by revising the salary component of the executive, administrative, and professional exemptions. To...more

President Obama Announces Initiative to Increase Minimum Salary for Employees Exempt From Overtime Requirements

Faced with continuing Congressional refusal to consider an increase to the minimum wage, on Wednesday, President Obama announced his intent to direct the Department of Labor to consider raising the minimum weekly salary...more

A closer look at the expansion of overtime

Last week’s announcement by President Obama of a planned increase to the number of employees who would be entitled to receive overtime pay set off a barrage of reactions. Now, let’s take a closer look at what it is all about....more

FLSA Overtime Rule Changes Likely: What Would They Mean For Employers?

New overtime rules likely to be issued by the Obama Administration would make more executive or managerial employees eligible for overtime pay under FLSA. Under the current federal rules, executive or managerial...more

President Obama Orders Changes In Overtime Regulations – What To Expect And When

Executive Summary: President Barack Obama has directed the Department of Labor to "update" and "modernize" overtime rules to expand the number of workers eligible for overtime pay. ...more

What’s Happening with Overtime?

Some misconceptions are floating around regarding the current status of federal overtime laws. .Fact: Nothing has actually changed yet. .Fact: President Obama has ordered the Department of Labor (DOL) to evaluate...more

President Obama Orders the Department of Labor to Modernize Overtime Rules

In a White House ceremony on Thursday, March 13, 2014, President Barack Obama signed a memorandum ordering the Secretary of Labor to “propose revisions to modernize and streamline the existing overtime regulations” governing...more

President Obama Directs the DOL to Attack FLSA Exemptions

Everybody is talking about it – President Obama’s announcement at the end of last week that existing overtime regulations be “modernized” and “streamlined” – but what exactly does this mean? The answer is, only time will...more

Obama Administration Seeks Changes to Overtime Rules to Make More Workers Eligible for Overtime Pay: Possible Changes Include...

In a move that could affect nearly all employers, President Barack Obama signed a presidential memorandum last week directing the U.S. Department of Labor (DOL) to update its overtime regulations to make more employees...more

President Directs Secretary of Labor to Revise Overtime Regulations

White House seeks to expand overtime eligibility for workers covered by “white collar” exemptions. Declaring that the regulations under the federal Fair Labor Standards Act are “outdated” and that “millions of...more

President Obama Directs DOL To "Modernize" FLSA Overtime Regulations

Yesterday, President Obama signed a Presidential Memorandum directing the Secretary of Labor to "modernize and streamline" the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the...more

Obama Signals Greater Scrutiny on Workplace Pay with Latest Budget

Employers beware: President Obama’s recent budget proposal may portend a Department of Labor crackdown on workplace pay issues in 2015. As part of the 2015 fiscal year budget which President Obama submitted to Congress...more

Obama Administration Orders Department Of Labor To Revise “White-Collar” FLSA Overtime Exemptions

In an unexpected move, the Obama administration officially announced today that it will issue a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime...more

President Obama Sics the DOL on Corporate Profits, Says Reduce the Number of Exempt Workers and Pay More Overtime

Just when you thought it was safe to go back in the water . . . or at least thought you might be getting a handle on the highly technical and nuanced regulations under the Fair Labor Standards Act governing the “white collar...more

President Obama to Order Expansion of Overtime Pay

President Obama is expected to issue an order today directing the Department of Labor to expand the number of people who qualify for overtime pay under federal labor law. According to reports in the Washington Post and other...more

When are Paralegals Illegal?

When they are not properly paid. A number of law firms and corporate employers consider paralegals to be exempt from overtime. At the federal level, the Department of Labor (DOL) has stated that most paralegals lack...more

Are Your Non-Exempt Employees Properly Compensated for All of Their Work Time?

Employers are continuing to be bombarded by collective or class action lawsuits filed by their non-exempt employees for alleged violation of the Fair Labor Standards Act (“FLSA”), and similar state wage and hour laws. Many of...more

Department of Labor Eliminates the Minimum Wage and Overtime Exemption for Most Home Care Aides

On September 17, 2013, the Department of Labor's Wage and Hour Division (DOL) announced a final rule eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home...more

Got a Granny? Minimum Wage and Overtime Premium Extended to In-Home Companions

In a long anticipated move, the U.S. Department of Labor (DOL) recently announced that it will issue a final regulation that will extend the minimum wage and overtime premium protections afforded by the Fair Labor Standards...more

In An Employee’s Shoes

How to avoid paying overtime and to evade pesky employment laws? Treat your workers as “independent contractors.” Print Problem solved. Or maybe not. An appellate court has reminded employers again about the costly...more

2015 Will Usher In Increased FLSA Liability for Home Health Care Agencies

On Tuesday, September 17, 2013, the U.S. Department of Labor (DOL) issued a final rule extending the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to an estimated two million home health care workers....more

Loan Officers Petition D.C. Circuit To Review Decision Regarding Overtime Exemption

Three loan officers at Quicken Loans Inc. have petitioned the U.S. Court of Appeals for the District of Columbia Circuit for en banc reconsideration of a recent ruling that invalidated U.S. Department of Labor (DOL) guidance...more

Healthcare Update, No. 3, August 2013: Don't Let Shift Differentials Lead To Costly Litigation

Shift differentials are common in the healthcare industry. But some employers may not realize that the differential must be calculated into the “regular rate” of pay, which is not exactly the same thing as the hourly rate. ...more

DC Circuit Invalidates U.S. Department of Labor Interpretation Regarding Mortgage Loan Officer Eligibility for Overtime Pay

In recent years, financial companies have faced uncertainty over wage requirements for mortgage loan officers because the U.S. Department of Labor has taken inconsistent positions on whether they are eligible for overtime...more

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