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Obama Calls For Revisions Of "White-Collar" FLSA Overtime Exemptions

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

Secretary of Labor Directed to Update Federal Overtime Rules

In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...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

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

Many Exempt Employees With Salaries $30,000 To $50,000 May Soon Be Entitled To Overtime

On March 13, 2014, President Obama signed a memorandum directing the United States Department of Labor to revise the regulations concerning employees' eligibility for overtime pay under the Fair Labor Standards Act ("FLSA")....more

Working (More Than) 9-to-5: President Obama Seeks to Expand Overtime Pay Protections Under the Fair Labor Standards Act

Last week, President Obama ordered U.S. Department of Labor Secretary Tom Perez to update the existing federal regulations on overtime, the effect of which could allow millions of workers to qualify for time and half pay for...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

Obama Directs Initiative to Update FLSA Overtime Regulations Likely to Tighten White-Collar Classifications

President Barack Obama on Thursday signed a Presidential Memorandum directing the Secretary of Labor to update the Fair Labor Standards Act (FLSA) regulations governing which "white collar" employees qualify for overtime...more

Labor and Employment: President Obama Directs Department of Labor to Modernize and Streamline FLSA Overtime Regulations

On March 13, 2014, President Obama issued a memorandum directing the Secretary of Labor to update and streamline the Fair Labor Standards Act (FLSA) overtime regulations. In the memorandum, President Obama noted that the...more

Employers of Home Care Workers to Begin Paying Overtime in January 2015

The United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act (FLSA) to home health care workers who provide care for the sick, disabled or elderly, otherwise known as...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

Preventing A Messy "Failed Exemption" Lawsuit

(Labor Letter, February 2014) - In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the...more

It's Past Time To Dispel The "Half-Time" Fog

A decision by the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Louisiana, Mississippi, and Texas) illustrates and exacerbates the utter and unwarranted morass into which the calculation of overtime pay has...more

California Wage/Hour Update, No. 4, October 2013: California's Regular Rate: Getting It Right Can Save Money

With the increasing focus on wage-and-hour litigation, the issue of an employee’s “regular rate” arises in most every case involving alleged unpaid overtime. It also factors into an employer’s payroll, each and every pay...more

Overtime Exemptions: What Does "On A Salary Basis" Mean?

Generally, most employees in the United States must be paid at least the federal minimum wage for all hours worked and overtime at one and one half times the regular hourly rate for all time worked above 40 hours in a seven...more

Hospitality Update, No. 3, September 2013: Court Rejects "Al Capone Defense" To FLSA Violations

On July 29, a federal appeals court addressed the question of whether the Fair Labor Standards Act’s minimum wage and overtime protections apply to undocumented aliens working illegally for an employer. Drawing on an analogy...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

Seventh Circuit Exempts Interstate School Bus Drivers From FLSA Overtime Requirements

Last month, in Almy v. Kickert School Bus Line, Inc., No. 13-1273 (July 16, 2013), the Seventh Circuit Court of Appeals joined the Second, Third, Ninth, and Eleventh Circuits,in finding that school bus drivers who transport...more

Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor...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

Mortgage Loan Officers Are Exempt From Wage And Hour Laws Again--For Now

The D.C. Circuit Court of Appeals has vacated the U.S. Department of Labor’s 2010 guidance that stated that most mortgage loan officers are not exempt from minimum wage and overtime compensation under the Fair Labor Standards...more

Healthcare Industry Legal Alert: The Companionship Exemption For Agency Employed Home Care Workers May End As Early As This Month....

It has been reported that the Department of Labor (DOL) will issue a rule this month revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed home care workers. ...more

Chipotle Assistant Managers Allege They Were Misclassified As Exempt Employees, Court Rules They Can Proceed With Overtime Claims

A New York federal court recently granted conditional certification of a nationwide class of Assistant Managers at Chipotle restaurants based on the allegations that Chipotle misclassified Assistant Managers as exempt from...more

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