Wage and Hour Fair Labor Standards Act

News & Analysis as of

Mandatory Wage Exemption Changes

Gunner Gunter employs dealership manager Sayles and computer technician H. Packard (“Pack”) at Falconaire’s Fine Ford and pays these “white collar” employees $40,000 per year. In busy sales months, each averages 50-60 hours a...more

NY DOL To Increase Salary Threshold for Exempt Employees

As we all know, the revisions to the FLSA’s “white collar” exemptions will take effect December 1 and will increase the salary level required for the executive, administrative, and professional exemptions to $913 per week (or...more

FWW Under Attack

As employers prepare for the Department of Labor’s new salary threshold for executive, administrative and professional exempt employees, many turn to the Fluctuating Work Week (FWW) method of calculating overtime pay. Under...more

Transitioning To The New "Highly Compensated" Threshold

When the revised requirements for the federal Fair Labor Standards Act's "white collar" exemptions take effect on December 1, the total-annual-compensation threshold for the "highly compensated employee" (HCE) versions will...more

Planes, Trains And Automobiles: Employer Responsibility For Non-Exempt Employee Travel Time

In today’s digital workplace, employers and employees have more choices than ever before to meet and communicate with one another. Even with multiple options, there are times that face-to-face is the only way to get the job...more

Employment Law Navigator – Week in Review: October 2016 #4

Last week, the Federal Trade Commission and the U.S. Department of Justice Antitrust Division issued guidance for human resources professionals on how antitrust laws apply to employee hiring and compensation. The federal...more

Labor & Employment E-Note - October 2016

In an article published on October 6, 2016 by the Society for Human Resource Management, Bryance Metheny provides insight to the delay in the overtime rule and the lawsuits brought against the Department of Labor...more

Don't Delay: No Change in the December 1, 2016 Deadline for Compliance with the Department of Labor's Final Rule on Overtime

The Fair Labor Standards Act ("FLSA") requires employers to pay employees at the rate of one and half times their regular rate for each hour an employee works beyond forty (40) in a work week. However, the FLSA does provide...more

Florida’s Minimum Wage to Increase on January 1, 2017

In 2004, Florida voters approved a constitutional amendment that established a statewide minimum wage. The Florida minimum wage applies to all employees in the state who are covered by the federal minimum wage. The Florida...more

Changes to FLSA White Collar Exemptions Raise Questions About Service Contract Act Compliance

The U.S. Department of Labor (DOL) rule that updates the overtime regulations for executive, administrative and professional employees (the "white collar exemptions") under the Fair Labor Standards Act (FLSA) is set to take...more

Paid Breaks Cannot Offset Overtime Obligations

Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more

FLSA Hail Mary?

We have heard an extraordinary amount of commentary about the impending December 1, 2016 deadline for compliance with the new FLSA overtime regulations. One of the most troubling comments that appears to be gaining...more

Employers Beware – The Third Circuit Strictly Construes the FLSA Regulations to Prevent Taking Credit to Offset Overtime...

As employers prepare to implement the new federal Department of Labor regulations which, on December 1, 2016, will double the minimum salary required for many exemptions under the Fair Labor Standards Act (“FLSA”), employers...more

The Final Rule - FLSA, US DOL and Overtime Rules: Part 1 - The Basics

Overtime Final Rule: Fair Labor Standards Act (FLSA) – Part 541: In a nutshell: Changes: Effective December 1, 2016, there will be changes dictated by the Final Rule: 1. to the minimum salary level...more

Post-Tyson Foods: No, The Sky Is Not Falling

This past March, we blogged about the U.S. Supreme Court’s decision in Bouaphakeo v. Tyson Foods, Inc., 136 S. Ct. 1036 (2016), a case in which the plaintiffs alleged that Tyson Foods improperly denied compensation for time...more

Business Groups Ask Court To Expedite Ruling On Overtime Exemption Rules

In our last post we reported that the U.S. Chamber of Commerce and fifty-plus other business groups suing to block the U.S. DOL’s overtime exemption rule from taking effect had not yet moved to expedite the court’s ruling on...more

Department of Labor Issues Final Rule Establishing Paid Sick Leave for Federal Contractors

On September 30, 2016, the U.S. Department of Labor (DOL) released the Final Rule Establishing Paid Sick Leave for Federal Contractors. The Final Rule requires some federal contractors and subcontractors to provide up to...more

Seasonal Exemption May Help Some Employers Avoid New Overtime Pay Requirements

The December 1 effective date is rapidly approaching for the Department of Labor’s new white-collar overtime exemption salary levels. Employers struggling with their ability to pay the more than doubled salary minimums are...more

New York Federal Court Pilots Mandatory Mediation Program for FLSA Cases

The Southern District of New York (SDNY) recently announced a new pilot mediation program for cases filed under the Fair Labor Standards Act (FLSA). Effective October 3, 2016, any federal wage and hour cases that are assigned...more

Five Critical Wage and Hour Issues Impacting Employers

It is no secret that the wage and hour requirements found in the myriad of federal, state, and local laws and regulations present unique challenges to employers across the country. Those challenges are further complicated by...more

SCOTUS Sends Auto Workers Back to Circuit Court for Overtime Regulation “Repairs”

You may not even know the technical name for workers at the local car dealership who diagnose what is wrong with your vehicle and tell you how it can be repaired. They are called auto service advisors, and whether they are...more

States Seek Preliminary Injunction Blocking New Overtime Rules

On September 20 we reported about a lawsuit by 21 states seeking to block the U.S. DOL’s new overtime exemption rules. This week, the states followed up their complaint by filing an Emergency Motion for Preliminary...more

Department of Labor Issues Final Rule Implementing Executive Order Requiring Paid Sick Leave for Employees of Federal Contractors

On September 29, 2016, the Department of Labor (“DOL”) issued regulations (the “final rule”) implementing Executive Order 13706, which requires federal contractors to provide paid sick leave to their employees. According to...more

No Rest for the Weary: Breaking Down DOL’s New Paid Sick Leave Mandate for Federal Contractors

The regulatory onslaught for federal contractors just won’t stop. The “contractor blacklisting” regulations implementing Executive Order 13673, Fair Pay and Safe Workplaces are set to take effect by the end of this month....more

Fair Pay and Safe Workplaces Regulation, a/k/a Federal Contractor Blacklisting Regulation

On July 31, 2014, without much public attention, President Obama issued a far-reaching Executive Order, No. 13673, which requires bidders on federal contracts to disclose adverse labor law decisions under more than a dozen...more

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