News & Analysis as of

Classification Over-Time Exempt-Employees

Cole Schotz

U.S. Supreme Court Issues Key Decision on FLSA Burden of Proof

Cole Schotz on

On January 15, 2025, the United States Supreme Court ruled in E.M.D. Sales, Inc., et al. v. Carrera et al., that the Fair Labor Standards Act’s (the “FLSA”) exemptions do not require a heightened burden of proof. The decision...more

CDF Labor Law LLP

Class Is In Session on Exempt Classifications

CDF Labor Law LLP on

CDF Wage and Hour Task Force – Monthly Tips - Class Is In Session on Exempt Classifications  - All California employers should know by now that non-exempt employees are entitled to overtime for all hours worked over 8...more

Husch Blackwell LLP

The DOL’s New Proposed Rule Increasing Salary Basis: What it Means for Employers

Husch Blackwell LLP on

Under the Fair Labor Standards Act (FLSA), employers must provide overtime pay to employees at one and one-half times an employee’s regular pay rate for every hour the employee works beyond 40 hours in a workweek, unless the...more

Cozen O'Connor

Third Circuit Rules PTO Not Salary in Win For Employers

Cozen O'Connor on

In a win for employers, on March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) does not constitute salary for purposes of the Fair Labor Standards Act (FLSA)....more

Stevens & Lee

Deducting Fringe Benefits for Underperformance Does Not Entitle Employees to Overtime Pay

Stevens & Lee on

Per a recent Third Circuit ruling, employers do not destroy the salary basis test for exempt employees by making fringe benefit deductions. The Third Circuit held that the term “salary” does not include fringe benefits such...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

Fisher Phillips

Web Exclusive: Planning For DOL’s Overtime Rules In A Tough Labor Climate

Fisher Phillips on

The U.S. Department of Labor recently announced proposed regulations on overtime that would render more than 1 million new workers eligible for overtime pay. Coupled with a historically tight labor market, this new rule has...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

McManis Faulkner

California Can No Longer Ignore Federal Classification Rules

McManis Faulkner on

The U.S. Department of Labor recently announced its highly anticipated federal overtime rule under the Fair Labor Standards Act (FLSA). The new rule updates the minimum salary requirement for employees to be considered...more

Fenwick & West LLP

DOL Proposes Exempt Classification Rule

Fenwick & West LLP on

The federal Department of Labor (“DOL”) released a proposed rule to amend the Fair Labor Standards Act’s white-collar employee exemptions (i.e., executive, administrative, professional, outside sales, and computer...more

Seyfarth Shaw LLP

How Insurance Industry Employers Can Navigate the New White-Collar Overtime Rules: Turning Legal Challenge Into Business...

Seyfarth Shaw LLP on

As most insurance industry employers are probably aware by now, the Department of Labor has proposed revisions to its regulations that seek to further limit the instances in which certain employees may qualify as exempt from...more

Seyfarth Shaw LLP

How Financial Services Employers Can Navigate the New White-Collar Overtime Rules

Seyfarth Shaw LLP on

The Department of Labor’s proposed revisions to the Fair Labor Standards Act’s overtime exemptions will impact the American workplace as much as any legal development in the past decade. Employers will need to reexamine, and...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

Foley & Lardner LLP

Newly Released Proposed Overtime Regulations Estimated to Make 5 Million Workers Eligible for OT

Foley & Lardner LLP on

We noted last year that the Obama Administration had directed the United States Department of Labor (DOL) to review and amend the so-called “white collar” exemptions to the overtime requirements of the Fair Labor Standards...more

Troutman Pepper Locke

The Wait Is Over - DOL Proposes New Rules for White-Collar Overtime Exemption

Troutman Pepper Locke on

Early last year, President Obama directed the Department of Labor (DOL) to update the rules governing which white-collar workers qualify as exempt from federal minimum wage and overtime laws. Employers have since been...more

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