News & Analysis as of

White-Collar Exemptions

Department of Labor Releases a Request for Information Seeking Public Comment on Overtime Regulations

by Clark Hill PLC on

President Donald Trump's Department of Labor ("DOL") issued a public Request for Information ("RFI") seeking comments on what, if any, increase it should make to the minimum salary requirement of the white collar exemptions....more

Employers Struggle With Overtime Classification of Skilled Service Technicians

Over the past several years, we have received multiple inquiries from employers confronted with claims that they have misclassified service technicians as exempt from the overtime requirements of the Fair Labor Standards Act...more

Cutting Through The Half-Time Murk In "Failed Exemption" Cases

by Fisher Phillips on

How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more

Déjà Vu: DOL Argues It Has Authority to Set Overtime Salary Threshold, Requests Input to Create New OT Rule

by Baker Donelson on

As many readers know, the Department of Labor's changes to the "white collar" or "EAP" exemption under the Fair Labor Standards Act have been one of the most publicized and impactful employment law issues of the last year. A...more

Employment Law - August 2017

Deferred Vacation Policy Lawful, California Appellate Court Rules - Why it matters - A vacation policy that employees do not begin to earn vacation time until after their first year of employment is lawful, the...more

Brief Answers To Frequently Asked Employment- Related Questions

by Payne & Fears on

With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

DOL Calling for Input: At What Salary Should A Worker Be Exempt From Overtime?

by Akerman LLP - HR Defense on

Now that the Department of Labor has gone back to the drawing board with the new regulation that set a $47,476 threshold salary for white collar employees to be exempt from overtime, it would like to hear from you....more

Ninth Circuit: Mortgage Underwriters Are Not Exempt

The U.S. Court of Appeals for the Ninth Circuit recently held that mortgage underwriters who worked for Provident Savings Bank were not “administrative employees,” and thus did not qualify for exemption from the overtime...more

Where Do The Proposed Federal Overtime Rule Changes Stand?

by Shipman & Goodwin LLP on

As you may recall from some of the prior posts here, employers scrambled to address the Department of Labor’s changes to the salary threshold for white collar exemptions under the Fair Labor Standards Act. That change would...more

Possible October Oral Arguments In Exemption Appeal

by Fisher Phillips on

The Fifth Circuit U.S. Court of Appeals has "tentatively" scheduled oral arguments for the week of October 2, 2017 regarding the U.S. Department of Labor's efforts to overturn last November's preliminary injunction blocking...more

Ninth Circuit Says Mortgage Underwriters are Production Workers Not Eligible for Overtime Exemption

The financial services industry has been a prime target for class and collective action claims for overtime under the Fair Labor Standards Act (FLSA) and related state laws. For decades, banks and related institutions...more

The Employment Law Authority - July/August 2017

THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN - On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more

Can We Finally Retire the Notions of Construing The FLSA’s Overtime Provisions Broadly But Its Exemptions Narrowly?

by Seyfarth Shaw LLP on

As our readers saw earlier this week, the Ninth Circuit recently issued a decision in McKeen-Chaplin v. Provident Bank, turning the traditional administrative vs. production dichotomy of the administrative exemption on its...more

You’re now an employer… what Startups need to know about Job Descriptions (part 2)

by Bryan Cave on

This three-part series highlights the steps startups should take before hiring their first employee. In this Part Two, we’re diving into the drafting of job descriptions and their use in determining whether a position should...more

Oral Argument On Overtime Rule Appeal Scheduled For October 2nd

by Jackson Lewis P.C. on

The Fifth Circuit Court of Appeals tentatively has set oral argument for October 2nd on the Obama-era overtime pay rule that has been blocked from government enforcement by a federal district court in Texas since last...more

Employer input sought on new overtime regs

by McAfee & Taft on

As we previously reported, the U.S. Department of Labor failed to challenge a federal district court’s blocking of the new overtime rule that was set to go into effect last December and, instead, signaled its intent to...more

Oral Argument in Overtime Appeal to be Held in Early October

The U.S. Court of Appeals for the Fifth Circuit has tentatively scheduled oral argument for the week of October 2 in a highly watched case involving revised overtime regulations that were supposed to become effective last...more

USDOL Information Request Indicates The Direction It Wants The New OT Exemption Rules To Go

by Fox Rothschild LLP on

I have blogged often on these new OT regulations and now it seems the game is continuing, with opposition (not unexpected) from the current administration. The USDOL has released its request for information (RFI) on the...more

Department of Labor Solicits Public Feedback on Overtime Rule

It may seem hard to believe, but it has been nearly 15 months since the U.S. Department of Labor (“DOL”) issued its controversial Fair Labor Standards Act (“FLSA”) regulations on the “white collar” overtime exemptions. The...more

Department of Labor Seeks Comments on New Overtime Rules

by Miller Canfield on

The Department of Labor (DOL) recently announced that it had submitted a proposed Request for Information, related to possible new overtime rules, to the Office of Management and Budget (OMB) for review. The OMB review has...more

WPI Wage Watch: Minimum Wage and Overtime Updates (July Edition)

by Littler on

It’s summertime, but the living is anything but easy for employers trying to track minimum wage and overtime developments. The U.S. Department of Labor is defending legal challenges to various rules the Obama administration...more

Hang On, the Overtime Rollercoaster is Taking Another Turn

by Baker Donelson on

Since 2014 when President Barack Obama directed the DOL to “modernize” the overtime law, the new overtime rules were announced, published, revised, published again, finalized, legally challenged and then judicially blocked....more

Dept. of Labor Revisits Changes to Overtime Regulations

by Cozen O'Connor on

On July 26, the Dept. of Labor (DOL) published a Request for Information (RFI), looking for input from the public on next steps after the Obama Administration’s effort to increase the minimum salary threshold for exempt...more

…And Finally, The Department Of Labor Asked For Comments Before Proposing A New Overtime Rule

by Fox Rothschild LLP on

It seems that a lot is going on in DC these days. In what may have been lost in all the other activity, yesterday the Department of Labor issued a Request for Information seeking notice and comment before issuing revised...more

DOL Requests Feedback on Overtime Rule

The U.S. Department of Labor is seeking public input on what to do with the Obama administration overtime rule. In Wednesday’s edition of the Federal Register, the DOL published a “Request for Information Defining and...more

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