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Cable Technicians Were Exempt Commissioned Employees, Fifth Circuit Concludes

Although the plaintiff cable technicians, who were paid by the completed job and not by the hour, were covered employees under the Fair Labor Standards Act (FLSA), they nonetheless were bona fide commissioned employees and...more

Full Fifth Circuit To Hear FLSA “Day Rate” Case, Vacating Panel Opinion

In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component...more

Fifth Circuit Creates Circuit Split On FLSA’s “Regular Rate” Burden, Addresses Inclusion Of Bonuses

With specific, limited exceptions set forth in Section 207(e) of its regulations, the Fair Labor Standards Act (FLSA) requires that all compensation provided to a non-exempt employee must be included when determining the...more

DOL Withdraws ‘Retail Or Service Establishment’ Lists For Commissioned Employee Exemption Analysis

The U.S. Department of Labor (DOL) withdrew its interpretative rules setting forth the types of businesses either not qualifying, or only possibly qualifying, as “retail or service establishments” when determining whether a...more

Fifth Circuit Reverses Course, Concludes That “Day Rate” Pay Method Fails To Satisfy FLSA’s “Salary Basis” Test For Overtime...

Upon further reflection, a panel of the U.S. Court of Appeals for the Fifth Circuit has determined that paying an employee a set amount for each day that he works (i.e. on a “day rate” basis) does not satisfy the “salary...more

Department Of Labor Releases New Proposed Overtime Rule, Sets Minimum Salary At $35,308

The U.S. Department of Labor (DOL) has issued a new proposed rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) “white collar” overtime exemptions (executive, administrative, and...more

District Court Holds Overtime Rule Invalid; Is End Of Obama-Era Rule Here?

The Department of Labor’s May 2016 Final Rule, which would have more than doubled the minimum salary necessary to satisfy the “executive, administrative or professional” (the “EAP” or “white collar”) overtime exemptions under...more

Labor Department Asks For Public Input On FLSA White Collar Exemptions

As a preliminary step to replacing the December 1, 2016, Fair Labor Standards Act “white collar” exemptions Final Rule, the Department of Labor has issued a Request for Information (RFI) seeking public comment on a wide...more

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