Unpaid Overtime Wage and Hour Non-Exempt Employees

News & Analysis as of

Understanding the Final Overtime Rule: Is it really that Simple?

According to the U.S. Department of Labor (DOL), the Final Overtime Rule, which is effective on December 1, 2016, simplifies the regulations to make them easier for employees and employers to understand and apply. Really? ...more

The DOL’s New Overtime Rule: Considerations for California Employers

As we reported earlier, the DOL has now released its final overtime rule. Two of the biggest takeaways are that the new rule (1) greatly increases the minimum salary threshold of the so-called “white collar” exemptions (at...more

DOL Makes Last-Minute Tweaks to New Overtime Exemption Rules

In March 2014, President Obama signed an executive order directing the Department of Labor to revise its aging rules governing overtime pay for white collar employees. The Department solicited comments from the public on an...more

DOL Issues Final Rule More Than Doubling FLSA Minimum Salary Level Required for Overtime Exemptions

Increase in Minimum Salary for Most Exemptions - On May 18, 2016, the Department of Labor (DOL) published its final rule concerning the minimum salary level necessary in most cases for an employer to qualify as exempt...more

What Employers Need to Know About Shrinking Overtime Exemptions

The hour has arrived. Last summer, the Wage and Hour Division of the Department of Labor announced substantial revisions to federal regulations regarding who is exempt from overtime pay. After almost a year of waiting, the...more

U.S. Department of Labor Issues Final Rule Updating Overtime Regulations

On Wednesday, May 18, 2016, the U.S. Department of Labor (DOL) issued a final rule updating the overtime regulations under the Fair Labor Standards Act (FLSA). ...more

Employment Law Update - Changes to the Overtime Pay Rules are Here

On May 18, 2016, the U.S. Department of Labor (DOL) issued its final rule on changes to four exemptions to the overtime pay requirement of the Fair Labor Standards Act (FLSA): the executive, administrative, and professional...more

Labor Department Issues Final Amendments to Overtime Exemptions

On May 18, the U.S. Department of Labor issued publicly its long-awaited final regulations updating the "White Collar" exemptions to the minimum wage and overtime requirements of the Fair Labor Standards Act. Generally, to...more

As the DOL More Than Doubles the Minimum Salary for FLSA White-Collar Exemptions, Employers and Financial Sponsors Are Advised to...

Updated FLSA Regulations Take Effect December 1, 2016 - On May 18, 2016, President Obama and DOL Secretary Thomas Perez announced the long-awaited publication of the DOL’s Final Rule updating the FLSA’s overtime...more

Department of Labor Issues Final Changes to the Overtime Law

As we first reported in June of last year President Obama directed the Department of Labor to review and update the regulations governing exemptions for executive, administrative, professional and other employees under the...more

DOL Releases Final Overtime Rule Doubling the Salary Exemption Threshold

Recently, and as we predicted in an article published last month (“Approval of the DOL’s Changed to the Overtime Exemption Rules is Imminent”), the U.S. Department of Labor (“DOL”) announced that it will be publicizing its...more

Questions and Answers on the DOL Salary Basis Requirement Final Rule

President Obama on Tuesday announced the U.S. Department of Labor's Final Rule raising the minimum salary basis for certain exemptions from overtime requirements under the Fair Labor Standards Act ("FLSA"). Below are answers...more

DOL Issues Final Rule on FLSA Overtime Rules: Action Items for Employers

This week the U.S. Department of Labor (DOL) released final regulations regarding the Fair Labor Standards Act’s (FLSA) executive, administrative and professional overtime exemptions, also known as the “white collar”...more

US Department of Labor Issues Final Rule Regarding FLSA White Collar Exemptions

Yesterday, the US Department of Labor issued its final rule regarding the white collar exemption under the Fair Labor Standards Act. Most notably, this rule raises the minimum annual salary for employees to qualify as exempt...more

DOL Updates FLSA Overtime Exemption Regulations

The update significantly increases the salary level needed to qualify as exempt under the FLSA’s white collar and highly compensated exemptions....more

New Overtime Rules for Fair Labor Standards Act

Last night, the Department of Labor (DOL) announced that today it is finalizing its new overtime rules under the Fair Labor Standards Act. DOL states that the Final Rule will become effective on December 1, 2016, "giving...more

U.S. Department of Labor Releases Final Rule Revising “White Collar” Exemptions

On May 18, 2016, the U.S. Department of Labor (“DOL”) issued its final rule revising the so-called “white collar” exemptions under the Fair Labor Standards Act (“FLSA”). Most significantly, the rule raises the minimum salary...more

Overtime Exemptions Shrink

The hour has arrived. Last summer, the Wage and Hour Division of the Department of Labor announced substantial revisions to federal regulations delineating who is exempt from overtime pay. After almost a year of waiting (and...more

DOL Announces Final Rule Doubling Salary Threshold for Exempt Employees

In our November 2015 Employment Law Update, we discussed the Department of Labor’s proposed rule changing the requirements of the "white collar" exemptions to the overtime requirements of the Fair Labor Standards Act. Whether...more

New FLSA Overtime Exemption Rules Expected Imminently

Seyfarth Synopsis: As early as next week, the Department of Labor is expected to issue its final rule implementing revisions to the regulations governing the application of the FLSA’s “white collar” exemptions from overtime...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

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

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

What Is A "Percentage Bonus"?

Overtime wages for employees subject to the federal Fair Labor Standards Act's overtime requirement must be based upon the "regular rate" of pay. This is an hourly rate that is normally determined by dividing the total wages...more

The Fourth Circuit’s Countdown to 2016 Includes Two FLSA Classification Decisions

While we were in the midst of office holiday parties and end of the year celebrations, the Fourth Circuit Court of Appeals came down with two precedential decisions for employers to ponder in the New Year. In Williams v....more

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