News & Analysis as of

Wage and Hour Exempt-Employees

Exploring Wage Deductions in California, Massachusetts, New York and Washington, D.C.

Employers often struggle over compliance with state wage deduction laws, and these potential violations carry with them considerable penalties. In Massachusetts, for example, employers face triple damages for violations of...more

Obama’s Proposed Overtime Rule is Overruled

by Pessin Katz Law, P.A. on

As you may recall, in 2016 the Department of Labor issued a new overtime rule under the Fair Labor Standards Act (FLSA). In nutshell, the new rule raised the salary threshold for employees exempt from overtime from $455/ week...more

U.S. Supreme Court Agrees to Hear Two Additional Employment Cases This Term

by Littler on

On September 28, 2017, the U.S. Supreme Court granted certiorari in two cases with labor and employment implications. - In the first case, Janus v. American Federation of State, County, and Municipal Employees, Council 31...more

A Glimmer Of Hope: The Supreme Court Now Has A Chance To Resolve A Circuit Split And Pronounce That Mortgage Underwriters Qualify...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As previously discussed in this space, the Ninth Circuit recently chose to side with the Second Circuit, and not the Sixth Circuit, and ruled that mortgage underwriters fail to meet the FLSA’s...more

Supreme Court Grants Second Review of FLSA Overtime Exemption for Auto Service Advisors

by Faegre Baker Daniels on

On September 28, 2017, the Supreme Court announced it will consider for a second time whether service advisors in automobile dealerships are exempt from overtime compensation under the Fair Labor Standards Act (FLSA)....more

Supreme Court Grants Certiorari (Again) To Address Circuit Split On FLSA Automobile Dealer Exemption

by Jackson Lewis P.C. on

After effectively “punting” on the issue last year, the U.S. Supreme Court has again granted certiorari to resolve a circuit split regarding whether “service advisors” at automobile dealerships are exempt from receiving...more

Service Adviser Exemption Goes Back to the Supreme Court

by Franczek Radelet P.C. on

On September 28, 2017, the U.S. Supreme Court agreed to hear a case in which the Court will be asked to decide whether the FLSA’s overtime exemption covering “any salesman, partsman, or mechanic primarily engaged in selling...more

Paying Employees During A Shutdown Due To Natural Disasters And Inclement Weather

by Pepper Hamilton LLP on

Q: Do I need to pay my employees if my company has closed or temporarily shut down operations due to a natural disaster or inclement weather? A: It depends. In the aftermath of Hurricanes Harvey and Irma, and in...more

Urban Outfitters Decertifies FLSA Class: Too Many Individual Differences (Again)

by Fox Rothschild LLP on

I have blogged (somewhat incessantly, I admit) about manager FLSA class actions and what the line(s) of defense are for the employer in these cases, and how to defeat these cases. Another case in point. A federal judge has...more

Should New York Employers Care that the Obama Administration's Final Rule is No More?

by Murtha Cullina on

To be exempt from state and federal overtime requirements, an employee must satisfy both a salary test and a duties test. In May 2016, we blogged about the Department of Labor’s issuance of a Final Rule modifying the...more

Status of the Overtime Rule - What Now?

by Smith Anderson on

Within the past two weeks, the federal district court in Texas granted summary judgment in favor of the business groups and 21 states that had challenged the Department of Labor’s rule doubling the salary level threshold for...more

Disasters and the Workforce: Navigating Stormy Waters

by Akerman LLP - HR Defense on

Thousands of Florida coastal residents were ordered to evacuate last week in anticipation of Hurricane Irma, even as their employers remained open. A pizza restaurant manager made headlines when he threatened action against...more

Overtime Exemption Increases: Not Now, But (Probably) Soon

by Foley & Lardner LLP on

As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a...more

FLSA Overtime Rule Struck Down Leaving DOL and Employers in Limbo

by PilieroMazza PLLC on

In a decision issued on August 31, 2017, federal district Judge Amos Mazzant struck down as invalid the Department of Labor’s (DOL) new overtime exemption rule which planned to significantly increase the salary threshold...more

Judge Strikes Down DOL’s Proposed Overtime Rule!

by Ruder Ware on

Finally, it appears we have closure on this saga that started over a year ago! On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the...more

Texas Two-Step: Overtime Ruling Does Not Completely End the Obama Rule Dance

On August 31, 2017, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas, issued an order invalidating the Obama-era overtime rules. Finding that the Department of Labor rule exceeded its...more

Hurricane Irma: 10 Challenges for Employers

by Littler on

Hurricane Irma shows no sign of relenting as it barrels toward Florida and the Southeast Coast of the United States. As noted in a prior Littler article about Irma, safety and security are the top priorities at this point....more

Obama-Proposed DOL Overtime Rule Invalidated: Back To Square One

by Fox Rothschild LLP on

Well, it finally happened. A Texas federal judge struck down the Obama Administration’s proposed changes to the FLSA overtime regulations, which would have made millions of more people eligible for overtime. The Court’s...more

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

by Ward and Smith, P.A. on

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more

Hurricanes Headaches:  HR FAQs for Employers

by Conn Maciel Carey LLP on

Hurricanes Harvey, Irma and Jose have hit, are hitting, and will soon be hitting the United States, and first and foremost, employers need to make sure their employees, customers, and guests are safe from the...more

DOL’s Overtime Rule Invalidated

by Reed Smith on

Recently, a Texas federal judge struck down an Obama administration Department of Labor rule that doubled the salary employees must make to be considered exempt from overtime pay. The rule’s invalidation should provide...more

Monopoly Money or the Real Deal? Exploring the Possibility of Paying Employees in Bitcoin

by Foley & Lardner LLP on

Bitcoin, the most popular form of digital or crypto-currency, is gaining traction as an investment vehicle and a way to pay for goods and services. More than 100,000 merchants worldwide now accept Bitcoin, allowing consumers...more

BREAKING: It’s Over! USDOL’s Overtime Appeal Is Dismissed

Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more

Texas Federal Court Grants Summary Judgment Reinforcing its Nationwide Injunction Barring Implementation of the DOL’s New Overtime...

On August 31, 2017, a federal court in Texas, which last year preliminarily enjoined the U.S. Department of Labor’s (DOL) Final Rule raising the minimum annual salary threshold for most "white collar" overtime exemptions...more

A Real Life Texas Hold'em: DOL Overtime Rule Struck Down by Texas Federal Court

by Clark Hill PLC on

On August 31, 2017, a federal district court in Texas issued its final ruling in State of Nevada v. United States Department of Labor that invalidated the Department of Labor's ("DOL") white collar exemption overtime rule....more

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