Unpaid Overtime The United States Department of Labor

News & Analysis as of

Ugh. HR Consultant Hit For $1MM In Unpaid Overtime

No one is immune from wage-hour payouts. Not even a Human Resources consultant. California HR consulting firm TriNet has reportedly agreed to pay approximately $1 million in overtime and liquidated damages to 267...more

Employers Have Flexibility in Applying the Professional Exemption

The basic premise of the Fair Labor Standards Act with regard to overtime pay is that all employees are to be paid overtime unless they qualify for an exemption. Among the exemptions are the three categories known as “white...more

"The Online Exemption Checklist Says . . ."

Coming changes in at least some of the U.S. Labor Department's definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions are leading employers to evaluate whether employees they treat...more

Tenth Circuit raises the stakes in (already) costly wage and hour litigation

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more

It's Time to Schedule a Wage and Hour Check-Up to Avoid Costly FLSA Lawsuits

It's time to schedule your check-up -- your wage and hour check-up -- designed to try to prevent your company from becoming a defendant in a costly wage and hour lawsuit. Every year more wage and hour lawsuits are filed...more

Get Ready!: OT Rules to OMB

The Department of Labor has submitted the final overtime rule to OMB for review. Typically, OMB review takes 30 to 60 days. Last year, OMB reviewed the proposed rule for just about 60 days before approving it. On this...more

DOL's White Collar Overtime Rule Advances

Despite significant concern from some lawmakers and the business community, the Department of Labor sent its final rule revising white collar overtime exemption regulations to the White House Office of Management and Budget...more

Can A Salary "Build-In" Overtime Pay?

One approach to the coming changes in the federal Fair Labor Standards Act's Section 13(a)(1) exemptions would be to abandon exempt status for at least some employees. Of course, this will mean (among other things) that...more

In FLSA Settlements, the Permissible Scope of Releases and Confidentiality Provisions May Be Broader Than You Think

Courts and the U.S. Department of Labor (“DOL”) often refuse to approve Fair Labor Standards Act (“FLSA”) settlements: (1) in which the employee’s release of claims is not narrowly limited to wage claims; or (2) that seek to...more

UPDATE: Final Rule on White Collar Exemptions Expected to be Published in July 2016 and Become Effective 60 Days Later

That’s what DOL Solicitor of Labor, M. Patricia Smith, reportedly said at the 2016 American Bar Association’s Midwinter Meeting. But remember: she also said at another conference in November 2015 that the DOL was targeting a...more

Banking & Financial Services E-Note - February 2016

Cases decided recently in Florida and Illinois call into question one legal rule that some might have thought well-settled: a firstperfected security interest in collateral beats a later-perfected lien creditor's interest in...more

Licensed Financial Advisors Found to be Exempt from Overtime Laws by California Federal District Court

Financial institutions are often called upon to wrestle with the classification of employees as “non-exempt” (covered by overtime laws) and “exempt” (not covered by overtime laws). Licensed financial advisors and “registered...more

Update - DOL's Final White Collar Exemption Rule Could Be Published Earlier Than July 2016

As discussed in our February 17 Alert, http://www.fordharrison.com/usdol-says-final-rule-will-be-published-in-july-2016-and-be-effective-within-60-days, employers should be prepared for implementation of the U.S. Department...more

Continued Controversy Surrounding The Proposed New Overtime Rule

Since June, we have written a number of posts covering the Department of Labor’s proposed new overtime rule, and the more than doubling of the salary level threshold for white collar exempt positions. The proposed increase in...more

Labor & Employment E-Note - February 2016

The U.S. Department of Labor ("DOL") recently announced that its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are...more

Health Care E-Note - February 2016

The U.S. Department of Justice (“DOJ”) has a new view in cases involving corporate wrongdoing (including fraud and abuse, qui tam, and similar matters). And its gaze is focused squarely on rooting out and punishing the...more

Exemption Regulations Update: Probable July Release

Reports are that U.S. Solicitor of Labor M. Patricia Smith said again today that the U.S. Labor Department's revised regulatory definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions will be...more

DOL Says Final Rule Will Be Published in July 2016 and Be Effective Within 60 Days

During today's session of the 2016 American Bar Association's (ABA) Midwinter Meeting of the Federal Labor Standards Legislation Committee, the U.S. Department of Labor (DOL) Solicitor of Labor M. Patricia Smith announced...more

House Members Oppose Exemption Changes

Some members of the U.S. House of Representatives have written to Labor Secretary Labor Tom Perez to express concerns about the U.S. Labor Department's proposed revisions in its regulatory definitions of the federal Fair...more

100 Members of Congress Throw a Hail Mary Against New Overtime Regs

On February 9, 100 members of Congress sent a letter to Secretary of Labor Thomas Perez arguing that the proposed overtime regulations will "hurt American workers and the businesses that employ them." While the letter...more

Reducing Exposure to and Defeating Off-the-Clock OT Claims: A Ten-Step Plan

Off-the-clock work occurs any time someone performs work while not on their regular shift no matter where the work is performed. Generally, this work is compensable if the employer knows or should have known that the...more

Summertime Blues? Solicitor of Labor Eyes July Publication of Overtime Regs

Pinning down a publication date for the DOL’s final revisions to the white-collar exemption rules has proven difficult to anyone outside of the agency’s headquarters. Sometimes, the answer seems to elude even those inside the...more

New FLSA Exemption Rules - Coming In July?

Over the last few months we've been asked on an almost daily basis when the DOL will be publishing its hotly anticipated white collar exemption rules. The short answer is still, we don't know. A few months ago, the word was...more

FRANCHISOR 101: Department of Labor Weighs in on Joint Employer Liability

Recently, some plaintiffs - employees of franchisees - have tried to hold franchisors responsible for unpaid overtime and other claimed violations by franchisees they work for. They use the theory that franchisors are their...more

Burr Alert: Changes to Federal Overtime Exemption Rules Coming in July 2016: What Your Workplace Must Know and Do to Prepare

The U.S. Department of Labor ("DOL") recently announced its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are...more

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