News & Analysis as of

Department of Labor (DOL) Incentive Compensation

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (37): Confusion about Incentive Compensation

The Department of Labor has issued its final regulation defining fiduciary status for investment advice to retirement investors and the related exemptions for prohibited conflicts—PTEs 2020-02 and 84-24. The exemptions...more

Pillsbury Winthrop Shaw Pittman LLP

DC Non-Compete and Anti-Moonlighting Law to Take Effect October 1, 2022

A new DC law restricts DC employers from entering into non-compete agreements with employees earning less than $150,000 as of October 1, 2022, whereas the prior iteration of the law would have imposed a near universal ban on...more

Fisher Phillips

How To Make Manufacturer Spiffs Work For You: Department Of Labor Provides New Guidance

Fisher Phillips on

Last month, the U.S. Department of Labor (DOL) gave car dealers welcome news. In an opinion letter interpreting the federal Fair Labor Standards Act (FLSA), the DOL found that incentive payments paid directly by the...more

Foley Hoag LLP

Department of Labor Permits Payment of Incentive Compensation by Employers Using Fluctuating Workweek

Foley Hoag LLP on

On May 20, 2020, the United States Department of Labor (DOL) released a Final Rule authorizing employers that use the “fluctuating workweek” method for calculating employees’ regular rates of pay to award employees additional...more

McManis Faulkner

Hazard Pay During COVID-19 – Who May Be Entitled And What To Do Next

McManis Faulkner on

The current COVID-19 crisis has many employees asking (if not demanding) that they receive additional compensation for work that may put them at an increased risk of exposure to the coronavirus.[i]  Although their requests...more

Jaburg Wilk

DOL Overtime Rules

Jaburg Wilk on

In September, the U.S. Department of Labor issued a long-awaited final rule updating the compensation requirements for the FLSA’s executive, administrative, and professional exemptions. The 2019 Final Rule is effective...more

Verrill

Certain Bonuses Must Be Included When Calculating Overtime Pay

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The federal Fair Labor Standards Act (FLSA) generally requires that nonexempt employees who work more than 40 hours in a workweek be paid 1.5 times their “regular rate” for the hours above 40. Calculating overtime pay is...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Issues Fluctuating Workweek Proposal Permitting Employers to Include Bonus Pay When Calculating Overtime

On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent...more

Seyfarth Shaw LLP

WHD Proposes Rule on Fluctuating Workweek

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Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division issued a proposed rule on the fluctuating workweek method of pay. The proposal continues a regulatory saga started in 2008, and clarifies that payments in...more

Franczek P.C.

DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek

Franczek P.C. on

On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating overtime pay for certain non-exempt employees....more

Spilman Thomas & Battle, PLLC

DOL Adopts New Salary Threshold for White Collar Overtime Exemption

The Department of Labor (“DOL”) has revised its Overtime Rule that updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (“FLSA”) minimum...more

Woods Rogers

U.S. Department Of Labor Increases FLSA Salary Threshold

Woods Rogers on

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay.  The final rule raises the standard salary level...more

Wilson Sonsini Goodrich & Rosati

U.S. Department of Labor Issues New Salary Threshold for Exempt Employees

The U.S. Department of Labor (DOL) has recently updated and revised the regulations issued under the Fair Labor Standards Act (FLSA). These regulations govern whether employees are classified as exempt or nonexempt from the...more

Steptoe & Johnson PLLC

1.3 Million Additional Employees May Become Eligible for Overtime in 2020

Steptoe & Johnson PLLC on

The United States Department of Labor (“DOL”) recently published its final rule governing overtime obligations under the federal Fair Labor Standards Act (“FLSA”). An employee covered by the FLSA must receive overtime pay for...more

Rosenberg Martin Greenberg LLP

Final Overtime Rule Announced

On September 24, 2019, the U.S. Department of Labor announced the Final Overtime Rule which will go into effect January 1, 2020.  The Overtime Rule changes the eligibility requirements for executive, professional and...more

Conn Kavanaugh

The New Rule is Better than the (Almost) Old Rule

Conn Kavanaugh on

The U.S. Department of Labor (the “DOL”) has issued a final rule to expand worker eligibility for overtime compensation under the Fair Labor Standards Act (“FLSA”).  The new rule increases the salary thresholds required for...more

Hutchison PLLC

Changes to Overtime Exemptions under the Fair Labor Standards Act

Hutchison PLLC on

In 2015, the U.S. Department of Labor introduced a proposed rule which would, in part, double the salary threshold required under the Fair Labor Standards Act (“FLSA”) to maintain exempt status under the “white-collar”...more

DirectEmployers Association

OFCCP Week In Review: September 2019

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Sands Anderson PC

New Overtime Rule Requires Higher Salary Threshold: Makes Over 1 Million More Workers Eligible for Overtime Pay

Sands Anderson PC on

After much anticipation, the United States Department of Labor has issued a final overtime rule that will increase the overtime-exempt earning salary threshold under the FLSA. The rule will take effect on January 1, 2020. The...more

Bricker Graydon LLP

DOL Finalizes New Overtime Rule For White-Collar Exemptions: 1.3 Million Additional Workers Will Be Eligible For Overtime Pay...

Bricker Graydon LLP on

On September 24, 2019, the United States Department of Labor (DOL) issued its final rule revising the overtime exemptions that cover employees designated as executive, administrative and professional – the so-called...more

Bracewell LLP

USDOL’s Final Salary Regulations: Impact on Exempt Employees and the Possibility of Future Litigation

Bracewell LLP on

On September 24, 2019, the U.S. Department of Labor (“USDOL”) announced its new Final Overtime Rule. The 2019 Final Rule comes in the wake of the heavily litigated salary threshold regulations issued by the Obama...more

Seyfarth Shaw LLP

Overtime! DOL Final Rule Adds More Eligible Receivers

Seyfarth Shaw LLP on

Seyfarth Synopsis: The United States Department of Labor (DOL) released its final overtime rule on Tuesday, September 24, 2019, increasing the minimum salary level for exempt status to $35,568 per year for a full-time...more

Franczek P.C.

New Minimum Salary For Exempt Employees Takes Effect January 1, 2020

Franczek P.C. on

On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. The rule increases the salary threshold for employees exempt under the executive, administrative, and professional exemptions (the...more

Fisher Phillips

Preparing for the New FLSA “Overtime Rule”

Fisher Phillips on

For the last several months, we have all been eagerly awaiting USDOL’s final “Overtime Rule” – to hopefully finally put to bed the confusion that has filled the air for nearly three years. As of Tuesday, the suspense is over...more

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