News & Analysis as of

Classification Employer Liability Issues Exempt-Employees

Bradley Arant Boult Cummings LLP

Dusting Off the Ol’ Employee Handbook for 2025

As we prepare for 2025, it’s essential to update your employee handbook to reflect the latest legal requirements, workplace trends, and best practices. Now is an opportune time to review and revise your policies to ensure...more

Verrill

Should You Be Paying Overtime to Your Office Staff?

Verrill on

Office workers who perform receptionist, secretarial, and other administrative tasks often are incorrectly classified as exempt from overtime pay because they receive a salary and have job titles such as "executive...more

Butler Snow LLP

6th Circuit Confirms 'Fair Reading' Standard For All Overtime Exemptions

Butler Snow LLP on

Ensuring correct employee classification for purposes of compliance with wage and hour laws is one of the most daunting challenges employers face. Classification criteria such as being engaged in “management” and use of...more

Baker Donelson

Approval of the DOL's Changes to the Overtime Exemption Rules Is Imminent

Baker Donelson on

Last year, the U.S. Department of Labor (DOL) proposed rules to increase the salary level for employees exempt from overtime under the Fair Labor Standards Act (FLSA). The proposed rules sought to increase the salary level...more

Arnall Golden Gregory LLP

DOL Seeks to Increase the Number of Employees Eligible for Overtime

The U.S. Department of Labor (“DOL”) has finally revealed its anticipated proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions. See 80 F.R. 38515 (July 6, 2015). Employers should brace themselves...more

Hinshaw & Culbertson LLP

Department of Labor Significantly Expanding Overtime Eligibility

The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is...more

McNees Wallace & Nurick LLC

Are Your Sales Employees Properly Classified as Exempt?

Many employers treat their sales employees as exempt from the Fair Labor Standards Act's overtime and minimum wage requirements. Regardless of whether they pay them a salary, commissions, or some combination of both,...more

Fisher Phillips

November Target For Proposed Exemption Changes

Fisher Phillips on

As we reported previously, in March President Obama directed the U.S. Labor Department to "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative,...more

Fenwick & West LLP

No Showing That “Primarily Engaged In” Requirement Met Where Executive Employee Spent More Than 50% Of Time Performing Non-Exempt...

Fenwick & West LLP on

In Guilfoyle v. Dollar Tree Stores, Inc., a federal district court in California held that an employer was unable to meet the “primarily engaged in” requirement of the executive exemption test where the employee spent more...more

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