Wage and Hour The United States Department of Labor

News & Analysis as of

New Salary Threshold May Be About $47,000

According to a report from Bloomberg BNA, unnamed DOL staffers have stated that the salary threshold in the hotly anticipated FLSA exemption rules will be about $47,000 per year, down slightly from the $50,440 level suggested...more

Workplace Policy Institute Insider Report — May 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The May edition of the Insider Report discusses recent agency...more

Approval of the DOL's Changes to the Overtime Exemption Rules Is Imminent

Last year, the U.S. Department of Labor (DOL) proposed rules to increase the salary level for employees exempt from overtime under the Fair Labor Standards Act (FLSA). The proposed rules sought to increase the salary level...more

DOL Issues Guidance Regarding Interaction Between Affordable Care Act And Fringe Benefit Requirements Under Service Contract,...

The Davis Bacon Act and the Davis Bacon Related Acts (collectively “DBRA”) and the Service Contract Act (“SCA”) impose additional obligations related to fringe benefits and wages on covered contractors. With the passing of...more

Countdown to the Final Overtime Rule: The Clock Is Ticking on Your Current Exemptions

On March 15, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s Part 541 overtime regulations to the Office of Information and Regulatory...more

We Get Out Our Crystal Balls on the Imminent DOL Overtime Rules

The prognostication efforts are going into high gear as employers seek to forecast and prepare where the Department of Labor may land on its final overtime rules. As with all rules in the post-comment phase, government...more

Client Alert: Employers Should Begin Preparing for New Overtime Rules

On March 13, 2014, President Obama directed the Department of Labor to update its overtime regulations under the Fair Labor Standards Act (“FLSA”), and the DOL issued its draft regulations in July 2015. After considerable...more

Salary Threshold To Be Approximately $900?

According to Bloomberg BNA, reports are that the new minimum salary for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions will annualize to "about" $47,000. The actual salary requirement is not...more

Everyone Keeps Focusing On Independent Contractors, So We Will Too…

If it looks like “Independent Contractor vs. Employee Week” on Labor & Employment Law Perspectives, that may be a function of the fact that misclassification of employees as independent contractors has been a hot topic for...more

Sources Reporting Salary Basis Threshold In Final Rule Lowered to $47,000

Multiple sources are reporting that the DOL’s Final Rule regarding the exempt status salary basis threshold will set the minimum salary at approximately $47,000 per annum, rather than the previously-reported $50,440. ...more

Orchestra Left Without A Chair When The Music Stops: Another Independent Contractor Misclassification

How independent are musicians who play and perform with others? Do they have more artistic control on their own, or do they only become truly great artists in collaboration with others when their independent talents combine...more

A Salary "Credit" Is Already "Permitted"

The U.S. Labor Department's commentary regarding its proposed federal Fair Labor Standards Act Section 13(a)(1) exemption regulations said that it might "permit" employers to "count" or "credit" against the impending higher...more

Minimum Salary Threshold for Overtime Exemption Likely to Be $50,544

In preparing for the soon-to-be published revisions to the federal overtime regulations under Part 541 of the Fair Labor Standards Act (FLSA), one of the significant challenges employers face is continuing uncertainty as to...more

Uber Drivers to Remain Independent Contractors…For Now

Uber, the independent taxi service where you can “drive your car and be your own boss,” has long attracted controversy for classifying its drivers as independent contractors and not employees. Class-action lawsuits claiming...more

Employer Guide to Family and Medical Leave Act

The U.S. Department of Labor, Wage and Hour Division, has issued a new guide for employers on the Family and Medical Leave Act....more

Connecticut Businesses Should Exercise Caution on DOL’s New FMLA Guide for Employers

Over the years in the employment law “blawgosphere” (isn’t there a better term by now?), I’ve had the pleasure of meeting with and conferring with several other attorneys who blog. One of those is Jeff Nowak, whose FMLA...more

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

Utah Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Ready For The Looming Exemption Changes?

The publication date for the U.S. Labor Department's revised federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemption definitions remains uncertain.  But a growing consensus is that they are likely to be...more

Ready, Set, Go! New Overtime Rules Are Coming!

In spite of an avalanche of comments to the Department of Labor’s (“DOL”) proposed new rules under the Fair Labor Standards Act regarding overtime (the “rules”), it now appears that the rules will become final in May and go...more

Seyfarth Submits Comments to U.S. DOL Regarding Proposed Regulations Establishing Paid Sick Leave for Federal Contractors

Seyfarth Shaw submitted comments on behalf of the Firm and its clients responding to the U.S. Department of Labor’s proposed regulations seeking to require certain parties that contract with the Federal Government to provide...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

New Overtime Rules May Be Here Sooner than Expected

The timeline for adoption of the Final Rule of proposed changes to the white collar overtime exemption has been hard to pin down. In early November of 2015, Solicitor of Labor M. Patricia Smith, during a panel discussion at...more

Department of Labor Issues Guide for Employing Home Care Workers

If you employ a home care worker who provides services for a family member with disabilities, you may have to deal with the very strict wage and hour requirements of the federal Fair Labor Standards Act. These requirements...more

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