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Jackson Lewis P.C.

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

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Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (overtime)

Second of two on the FLSA. NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second...more

Littler

New DOL Guidance Expands Eligibility for the Commissioned Employee Overtime Exemption

Littler on

Under the Fair Labor Standards Act, retail or service establishment employees can be exempt from overtime pay requirements if they are paid more than one and a half times the minimum wage and more than half of their...more

Bradley Arant Boult Cummings LLP

Window Washers and Telegraph Operators Beware: DOL Eliminates Specific Retail and Non-Retail Examples Under Overtime Exemption...

For those of you craving a non-COVID-19 issue to chew upon, the Department of Labor opened the floodgates of debate by withdrawing the partial lists of establishments that could either be “recognized as retail” or “having no...more

Kilpatrick

DOL Issues Important Overtime Update for Commission-Based Retail and Service Industry Employees

Kilpatrick on

On Monday, May 19, the Department of Labor (“DOL”) withdrew the non-exhaustive lists of establishments that were potentially eligible for or excluded from the retail or service establishment exemption to overtime under...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

Foley Hoag LLP

U.S. Department of Labor Expands Commission Sales Exemption to Federal Overtime Requirements

Foley Hoag LLP on

On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a final rule eliminating a list of businesses prohibited from taking advantage of the commission sales exemption to the overtime...more

Proskauer - Law and the Workplace

Wage and Hour Division Modifies Rules For FLSA’s Retail Sales Exemption

On May 19, 2020, the United States Department of Labor’s Wage and Hour Division (WHD) implemented a final rule withdrawing partial lists of establishments that it previously interpreted as either having “no retail concept” or...more

Woods Rogers

U.S. Department of Labor Expands Overtime Exemption for Commission-Based Employees of Retail or Service Establishments

Woods Rogers on

On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) announced a new final rule to govern the determination of whether an employer qualifies as a “retail or service” establishment for purposes of...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Expands Types of Businesses That Can Claim Retail Overtime Exemption

Section 7(i) of the Fair Labor Standards Act provides an exemption from the usual overtime pay requirements for certain commissioned employees of retail or service establishments. For decades, the U.S. Department of Labor has...more

Fox Rothschild LLP

In Major Move, USDOL Makes It Easier For Employers To Claim The Commission Exemption Of 29 USC 207(i)—Outstanding!

Fox Rothschild LLP on

I have handled many cases involving the so-called commission exemption under the Fair Labor Standards Act, Section 207(i), and I can safely say that often a big stumbling block for the defendant (i.e. employer) is to show...more

ArentFox Schiff

As Employers Begin to Reopen, DOL Issues Final Rule Clarifying Fluctuating Workweek Overtime Compensation Method

ArentFox Schiff on

On May 20, 2020, the US Department of Labor (DOL) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor...more

Foley & Lardner LLP

A Win-Win: DOL Proposal Will Expand Use of Fluctuating Workweek Pay (And Some Bonus/Commission Overtime Pay Reminders)

Foley & Lardner LLP on

Earlier this month, the Department of Labor (DOL) announced a proposed rulemaking that will make fluctuating workweek pay—FWW—more beneficial for employers and employees alike....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

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

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

Hogan Lovells

DOL Finalizes New Rule That Will Potentially Make Millions of Employees Eligible For Overtime Pay In January 2020

Hogan Lovells on

On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule that, effective January 1, 2020, will increase the salary threshold, by approximately 50%, that so-called “white collar” employees must be paid...more

Sheppard Mullin Richter & Hampton LLP

It’s Here: The DOL’s Final Overtime Rule has Been Released

After years of uncertainty, on September 24, 2019, the Department of Labor released a Final Rule making changes to the Fair Labor Standards Act (“FLSA”) overtime regulations. BACKGROUND - Since 2004, there had been no...more

Proskauer - Law and the Workplace

The New Federal Overtime Rule: What You Need to Know

The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019.  Here’s the bottom line....more

Proskauer - Law and the Workplace

Proposed Overtime Rule Published; Public Comment Period Open Until May 21

The U.S. Department of Labor’s proposed new overtime rule was published in the Federal Register on March 22nd. As described in our earlier post, the proposed new rule would...more

Jackson Walker

Proposed Update to Exempt Employee Compensation Thresholds

Jackson Walker on

The long-awaited revision to the Fair Labor Standards Act (FLSA) regulations relating to salary and compensation thresholds were announced March 7, 2019, in the Department of Labor’s Notice of Proposed Rulemaking (NPRM). The...more

Orrick - Employment Law and Litigation

Auto Dealership Sells Supreme Court on Service Advisor OT Exemption

On Monday, the U.S. Supreme Court ruled that service advisers at car dealerships are exempt from the Fair Labor Standards Act (FLSA). In Encino Motorcars v. Navarro, the majority, Chief Justice John Roberts and Justices...more

Constangy, Brooks, Smith & Prophete, LLP

FLSA Overtime Exemptions: SCOTUS Takes Its Thumb Off The Scales Of Justice

When it comes to exemptions from overtime under the Fair Labor Standards Act, courts have traditionally plopped a big thumb on the scale against employers: the exemptions have been construed “narrowly” in favor of a right to...more

Akerman LLP

Vehicle Dealers Service Advisors Are Exempt From Overtime

Akerman LLP on

Vehicle dealerships may have a bit more flexibility in determining which employees are exempt from overtime following a U.S. Supreme Court ruling issued this week that specifically rejected the decades-old principle that...more

Holland & Knight LLP

Supreme Court Rejects Narrow Interpretation of FLSA Statutory Exemptions

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• In Encino Motorcars, LLC v. Hector Navarro, et al., the U.S. Supreme Court decided 5-4 that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA). • The Court held...more

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