The Department of Labor issued a Final Rule on April 24, 2024, addressing the salary requirements for the overtime (“white collar”) exemptions under the Fair Labor Standards Act. The Final Rule increases the standard salary...more
5/1/2024
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Employer Liability Issues ,
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Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
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Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
On Tuesday, April 23, the United States Department of Labor issued its anticipated Final Rule on the Fair Labor Standards Act salary requirements for overtime exemption.
The Final Rule, which will likely face legal...more
It is every employer’s nightmare: You find out that employees (or former employees) are claiming that they were not paid properly and are due overtime for the last two or three years. This primarily arises because you...more
The DOL issued a Notice of Proposed Rulemaking proposing, among other things, to increase the salary threshold for white-collar overtime exemptions. You may recall that there was a lot of discussion about this back in 2016...more
9/7/2023
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Employer Liability Issues ,
Employment Litigation ,
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Equal Employment Opportunity Commission (EEOC) ,
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Notice of Proposed Rulemaking (NOPR) ,
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White-Collar Exemptions
In a highly anticipated ruling under the Fair Labor Standards Act, the U.S. Supreme Court in Helix Energy Solutions v. Hewitt held that an employee did not qualify for the highly paid exemption from the FLSA’s overtime pay...more
When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more
10/19/2021
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Class Certification ,
Collective Actions ,
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Employment Litigation ,
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FRCP 23 ,
Wage and Hour
Employers often ask, “Can this worker be an independent contractor?” The answer is often unclear due to the different tests for employee versus independent contractor status, which vary between federal circuit courts and from...more
Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the...more
12/18/2020
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Employees ,
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Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour
Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more
10/5/2020
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Employer Liability Issues ,
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Wage and Hour
The U.S. Department of Labor issued a Field Assistance Bulletin on June 24, 2020, announcing that it will not routinely assess pre-litigation liquidated damages as part of the settlement process for claims under the Fair...more
In a victory for restaurant employers, the Tenth Circuit Court of Appeals has ruled that Relish Catering can keep customer tips without violating the Fair Labor Standards Act (FLSA), so long as the employee is paid at an...more
9/5/2017
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Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
An update on Department of Labor’s (DOL)’s controversial new overtime regulations regarding “white-collar” exemptions.
With the U.S. DOL’s regulations increasing the minimum salary for white collar exemptions scheduled...more
Yesterday, in Encino Motorcars v. Navarro, No. 15-415, the U.S. Supreme Court vacated a Ninth Circuit ruling that had deferred to a Department of Labor 2011 regulation that auto service advisors were nonexempt and should...more
6/22/2016
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Car Dealerships ,
Chevron Deference ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Remand ,
Reversal ,
SCOTUS ,
Service Advisors ,
Wage and Hour
Receiving over 270,000 comments must have impressed the U.S. Department of Labor (DOL) to the point that it scaled back the provisions originally stated or hinted at in the proposed rules, with final rules issued May 18 that...more
Continuing the trend of expanding Fair Labor Standards Act (FLSA) overtime rules outside the traditional realm of hourly manufacturing or retail workers, two recent events show that employers should be aware that exemption...more
The Department of Labor issued its long-awaited proposed FLSA salary regulations yesterday and, as many feared, they will have a massive impact on American businesses, more than doubling the salary companies must pay their...more