News & Analysis as of

White-Collar Exemptions

DOL to Restart Conversation on New Overtime Rule

On June 27, 2017, the U.S. Department of Labor sent a Request for Information related to the now-enjoined overtime rule to the Office of Management and Budget for review.  After OMB completes its review, the RFI will be...more

How Will Federal Legal and Regulatory Changes Impact Connecticut Employers?

by Shipman & Goodwin LLP on

For the last six years, you haven’t seen much on this blog about changes to federal employment laws because, well, there just weren’t any. What we DID see, however, were changes to regulations and enforcement orders....more

DOL Sends OT Request for Information to White House for Review

by Seyfarth Shaw LLP on

Yesterday, the DOL’s Wage & Hour Division (WHD) sent its anticipated Request for Information (RFI) on the overtime rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). Review of...more

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor...more

Some States Forge Ahead On Salary Thresholds

by Fisher Phillips on

Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white...more

Putative Class and Collective Action Under Enjoined U.S. DOL Overtime Rule Appears to Face Strong Argument for Dismissal

by Littler on

On June 7, 2107, a plaintiff brought a putative class and collective action against Chipotle for alleged violations of the Fair Labor Standards Act and New Jersey’s Wage and Hour Law. The plaintiff asserts the company...more

California Legislative Update: Several Labor and Employment Bills Passed in the Assembly

Several California labor and employment law bills passed in the state assembly or senate before the June 2, 2017, legislative deadline. The legislature now has until September 15, 2017, to pass these bills in the second...more

Salary Threshold Regs Un-enjoined?

by Sherman & Howard L.L.C. on

Wednesday a group of Chipotle employees brought suit in New Jersey federal court alleging FLSA violations stemming from Chipotle’s failure to follow the Obama-era salary-basis regulations. As you will recall, these...more

DOL to Take Steps to Address Persuader, Overtime Rules

by Littler on

The same week the Department of Labor removed two guidance documents governing joint employment and independent contractors, it indicated it will soon reconsider two contentious rules that have been put on hold. The DOL is...more

Could a new overtime rule be in our future?

In a recent budget hearing, U.S. Secretary of Labor Alexander Acosta indicated that the Department of Labor plans to re-assess the overtime rule issued by the prior administration and, in particular, the salary level set by...more

DOL Expected to Issue Request for Information on OT Rules

by Seyfarth Shaw LLP on

During his Wednesday hearing before a House Appropriations Subcommittee, in which he addressed the Trump Administration’s proposed budget for DOL, Secretary Alexander Acosta informed the committee that the Department planned...more

Acosta Plans to Rescue Overtime Rule with Information Request

At a U.S. Department of Labor (DOL) budget hearing before the Subcommittee for Labor, Health and Human Services, Education, and Related Agencies of the Appropriations Committee for the U.S. House of Representatives, Secretary...more

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

by Littler on

Just under halfway through 2017, minimum wage and overtime developments have shifted into overdrive. Proposals submitted by federal legislators from both sides of the aisle highlight the different approaches the country’s...more

The Ninth Circuit Goes All In. Will the Supreme Court Call?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently the Ninth Circuit doubled down on its decision that service advisers at car dealerships are not exempt from the FLSA, despite being overturned once by the U.S. Supreme Court....more

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

by Littler on

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail...more

Acosta Confirmed as DOL Secretary

by Poyner Spruill LLP on

On April 28, 2017, the U.S. Senate voted 60-38 to approve Alex Acosta as the new Secretary of Labor of the U.S. Department of Labor. Secretary Acosta is currently serving as the Dean of the Florida International University...more

The Trump Administration's First 100 Days

by Littler on

On April 29, 2017, the first 100 days of the Trump administration came to an end. A government shutdown was averted after the White House and Congress reached a spending deal, and the U.S. Supreme Court seat left vacant by...more

WPI Wage Watch: Minimum Wage & Overtime Updates (April Edition)

by Littler on

The madness of March may be behind us, but April is no joke when it comes to minimum wage and overtime updates. Developments at the federal, state, and local levels could affect employer operations in the near or distant...more

The DOL's 2016 Proposed Overtime Rule Under the Trump Administration: Reading the Tea Leaves

by Baker Donelson on

The Department of Labor's Fair Labor Standard Act (FLSA) Overtime Rule was slated to take effect on December 1, 2016. The new regulations would have extended the rights to overtime compensation to millions of additional...more

California Legislature Proposes State Overtime Bill - Measure is Similar to Federal Rule That Was Put on Hold by Court

by Best Best & Krieger LLP on

A Texas federal court’s halting of the enforcement of a new federal overtime rule that increases the salary threshold to be considered an exempt employee on Nov. 22, 2016, has received ample press. Under the new Department of...more

Fate Of Enjoined White Collar Overtime Rule Still Undecided: Unlikely To Defend Obama Administration Rule, The Trump...

Under the Fair Labor Standards Act (“FLSA”), minimum wage and overtime requirements do not apply to any employee covered by the “white collar” exemption. To be considered a white collar worker under that exemption, the FLSA...more

Appeal of FLSA Overtime Regulations Faces Further Delay

It may seem hard to believe, but it was nearly five months ago that a federal district court entered a nationwide preliminary injunction halting the U.S. Department of Labor’s new Fair Labor Standards Act regulations on the...more

Government Seeks Another Delay on DOL’s Overtime Rule

by Jackson Lewis P.C. on

The government has asked for another delay in submitting its final brief to the Fifth Circuit Court of Appeals regarding the DOL’s Final overtime rule, which raised the salary level for the white collar exemptions from...more

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more

Waiting Game: Future of Proposed "White Collar" Rules Remains Uncertain

There is still no decision on when—or if—the proposed “white collar” regulations will go into effect. On November 22, 2016, a federal court in Texas issued an order that blocked the U.S. Department of Labor’s (“DOL”) proposed...more

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