News & Analysis as of

Wage and Hour Unpaid Overtime Compliance

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

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On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Fenwick & West LLP

Federal Minimum Salary Increases for Exempt Workers Take Effect December 1, 2016

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If you have not audited your exempt employee pay practices for compliance with the federal Department of Labor’s rules announced earlier this year, you have just under two weeks to do so. Starting December 1, 2016, the...more

NAVEX

Wage and Hour Compliance: 80% of Employers Likely Out of Compliance

NAVEX on

The U.S. Department of Labor recently settled a lawsuit filed by the American Federation of Government Employees Local 12 for $7 million. The lawsuit, filed a decade ago, claimed that Labor Department employees had not been...more

NAVEX

6 Resources for Complying with New FLSA Overtime Rules

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The sweeping new Fair Labor Standards Act (FLSA) regulations that go into effect December 1, 2016 will impact all organizations with exempt employees. That means nearly all organizations — and virtually all companies — must...more

Franczek P.C.

New Exemption Rules May Be Delayed To Late 2016

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Waiting is the hardest part. Ever since the Department of Labor issued its proposal to substantially increase the minimum salary level needed to classify an employee as an exempt executive, administrative or...more

Littler

When Transferring Employees to the U.S., Foreign Employers Should Consider Impact if Proposed Changes to Overtime Exemption Are...

Littler on

On July 6, 2015, the Department of Labor (“DOL”) proposed a revision to the “white collar” overtime exemption rule. As explained by Littler when it testified before the House Subcommittee, “the proposed white collar...more

Fisher Phillips

USDOL "Companionship", "Live-In Domestic" Enforcement Coming

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The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section...more

Littler

House Subcommittee Holds Hearing on Proposed Amendments to Overtime Rule

Littler on

The Department of Labor's controversial proposed changes to the "white collar" overtime exemption regulations came under fire during a House Subcommittee on Investigations, Oversight and Regulations hearing on October 8,...more

Littler

Supreme Court Denies Further Stay of Department of Labor's Home Care Rule; Effective Date is Imminent

Littler on

On August 21, 2015, the U.S. Court of Appeals for the D.C. Circuit upheld the U.S. Department of Labor’s (DOL) Home Care Rule and reversed the lower court’s decisions vacating the new rule. On October 6, 2015, the U.S....more

Seyfarth Shaw LLP

How Proxy Data and Pilot Studies Can Help Employers Prepare for the DOL’s New Proposed Overtime Rules

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The U.S. Department of Labor’s Wage & Hour Division recently announced its proposal to amend 29 C.F.R. Part 541, containing the “white collar” exemption for executive, administrative, and professional employees. The...more

Burr & Forman

Six Options For Complying With New DOL FLSA Salary Rules

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It is rare for an employee’s salary to double with one raise, yet, under the Department of Labor’s (DOL's) proposed rule, employers will need to double some employees’ salaries to continue to pay them salaries without...more

Littler

All Over But the Penning: the California Legislature Completes its Work for 2015

Littler on

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

Fisher Phillips

USDOL Delays Its "Companionship", "Live-In Domestic" Enforcement

Fisher Phillips on

As we recently reported, the U.S. Department of Labor's changes in its regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in...more

Best Best & Krieger LLP

Uber Employee Classification Class Action Could Impact All Employers

From Payroll Taxes to Sick Leave Laws … Federal Ruling Could Be Game Changer for Sharing Economy - A federal judge’s decision last week to certify a class of California Uber drivers in their lawsuit claiming Uber has...more

Fisher Phillips

Firm Critiques USDOL's Exemption Initiative

Fisher Phillips on

Last Thursday, Fisher & Phillips filed its own extensive comments on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. The firm's presentation...more

Seyfarth Shaw LLP

Seyfarth Submits Comments in Response to Proposed Overtime Rules

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On Friday, Seyfarth’s Wage & Hour Litigation Practice Group submitted its comments to the Wage and Hour Division’s recent Notice of Proposed Rulemaking. As our readers know, the NPRM signals a potential overhaul to the FLSA’s...more

Baker Donelson

Hospitality Industry Targeted in Proposed White Collar Overtime Regulations

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In a March 13, 2014, memorandum, President Barack Obama directed the Department of Labor (DOL) to "modify," "streamline" and "simplify" the federal regulations regarding exemptions to overtime under the Fair Labor Standards...more

Baker Donelson

Practice Spotlight: Top 10 Questions Employers Have About the Newly Proposed Overtime Regulations

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Employers across the country are trying to get their arms around the implications of the Department of Labor's (DOL) proposed changes to the overtime regulations. These proposed changes, which were published on June 30, 2015,...more

Akerman LLP - HR Defense

FLSA: Changes Continue to Affect Employers

This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent...more

Robinson & Cole LLP

U.S. Department of Labor Proposes New Rule Raising the Salary Basis for “White-Collar” Overtime Exemptions and Soliciting Comments...

Robinson & Cole LLP on

On June 30, 2015, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking comments on the DOL’s proposal to raise the salary threshold for the so-called “white-collar” exemptions from $455...more

Carlton Fields

An HR Challenge: Finding and Fixing Overtime Misclassifications in 4 Steps

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In light of the United States Department of Labor’s (“DOL”) June 30, 2015 report and proposed amendments to the salary portion of the ‘white collar’ exemptions that would more than double the minimum salary of those exempt...more

Neal, Gerber & Eisenberg LLP

Employer Wage and Hour Headaches Continue in 2015

The trend of wage and hour developments facing employers continues in 2015 with the U.S. Department of Labor (DOL) recently issuing a proposed rule that would update the regulations governing the white collar exemptions to...more

Akerman LLP - HR Defense

Input Sought on New Rules to Extend Overtime to More Workers

Employers and other stakeholders have just a few weeks in which to provide input on proposed regulations which would raise the salary threshold for workers exempt from overtime to $50,440 a year. On July 6, 2015 the...more

Franczek P.C.

Wage and Hour Basics Series: The "Fee Basis" and the Proposed FLSA Regulations

Franczek P.C. on

As we have discussed in the past, to be eligible for one of the “white collar” exemptions (executive, administrative, or professional) or as a highly compensated employee (HCE), Section 541.600 of the FLSA regulations...more

Stinson LLP

Department of Labor Proposes Regulations Expanding Overtime Eligibility

Stinson LLP on

On June 30, 2015, the U.S. Department of Labor (DOL) issued highly anticipated proposed regulations that would make it harder for employers to classify employees as exempt from overtime pay requirements. The proposal is in...more

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