News & Analysis as of

Exempt-Employees

Downs Rachlin Martin PLLC

US DOL Issues Guidance on FFCRA, FLSA, and FMLA as Businesses Reopen

On July 20, 2020, the U.S. Department of Labor published additional guidance on how the Families First Coronavirus Response Act (“FFCRA”), the Fair Labor Standards Act (“FLSA”), and the Family and Medical Leave Act (“FMLA”)...more

Fisher Phillips

FLSA Commissioned-Employee Exemption Clarifications: Retailers, It’s Time For A Checkup

Fisher Phillips on

The Department of Labor’s Wage and Hour Division deftly tackled decades of confusion regarding which establishments might have employees meeting the FLSA’s 7(i) overtime exemption for certain commission-paid employees. Even...more

Proskauer - Law and the Workplace

DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA

As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the...more

Jaburg Wilk

Wage Wars: Five Things Arizona Employees Should Know When an Arizona Employer Fails to Pay Wages

Jaburg Wilk on

Employers are legally obligated to pay employees wages for the work they perform. However, there are unfortunately circumstances in which an employer may refuse to pay their employees. There are at least five things Arizona...more

Epstein Becker & Green

Washington’s Revised “White Collar” Overtime Exemption Rules Now in Effect

Epstein Becker & Green on

The times they are a-changin’ and Washington’s rules relating to overtime pay are changing with them. Effective July 1, 2020, the Washington State Department of Labor & Industries (“L&I”) has updated the criteria for workers...more

Hirschfeld Kraemer LLP

Calif. Supreme Court Wage & Hour Rulings Impact Interstate Workers, Non-Traditional Compensation Plans

Hirschfeld Kraemer LLP on

Last week, the California Supreme Court confronted questions from the Ninth Circuit about the application of California’s wage and hour laws to flight attendants and pilots who work primarily outside of California’s...more

Verrill

Proposed Regulations Clarify Application of Excise Tax under Code Section 4960

Verrill on

Proposed Regulations published by the Treasury Department last month provide helpful clarifications regarding the application of the excise tax under Section 4960 of the Internal Revenue Code of 1986, as amended (the “Code”)....more

Edgeworth Economics

[Webinar] Preparing for Employment Challenges in the COVID-19 World: Key Considerations for Employers - July 21st, 1:00 pm - 2:00...

Edgeworth Economics on

The COVID-19 pandemic has presented a series of legal challenges for which employers should be prepared. Among these are risks associated with potential adverse impact in layoff, furlough, and hiring decisions; pay equity...more

Fisher Phillips

"Outside Salesman": Two Simple Words Make for One Complex Exemption

Fisher Phillips on

Two recent opinion letters from the U.S Department of Labor (USDOL) examine the contours of the federal Fair Labor Standards Act’s (FLSA) “outside salesman” exemption, which exempts covered employees from the FLSA’s minimum...more

MoFo Employment Law Commentary (ELC)

New California Court Decision Highlights Potential Perils Of Unlimited Vacation. Bonus Concerns: Settling Cases With Releases,...

While the United States and California legal worlds remain (understandably) focused on issues arising out of the COVID-19 global pandemic, California courts continue to issue important, and potentially policy-altering,...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

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour

FOCUS ON WAGE & HOUR - DOL Updates Overtime Exemption for Commissioned Retail Workers - The U.S. Department of Labor (DOL) has revised its regulations to simplify the statutory scheme governing whether employees who...more

Fisher Phillips

Employers Beware: COVID-19 Litigation May Spark Additional Claims

Fisher Phillips on

As businesses across the country begin to face a wave of COVID-19-related workplace litigation, some are learning the hard lesson that some of these claims may also dredge up long-simmering employment conflicts unrelated to...more

Littler

DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor Standards Act

Littler on

On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other...more

Sherman & Howard L.L.C.

DOL Creates New Streamlined Standard For Retail And Service Employee Overtime Exemption

The U.S. Department of Labor (DOL) has simplified the overtime exemption for commission-based workers in retail and service industries. Under the Fair Labor Standards Act (FLSA), some employees in retail and service...more

Kilpatrick Townsend & Stockton LLP

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

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

DirectEmployers Association

OFCCP Week In Review: May 2020 #4

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

Seyfarth Shaw LLP

Fluctuating Workweek Rule Becomes Final as Department of Labor Looks Forward to Return to Work

Seyfarth Shaw LLP on

Seyfarth Synopsis: More than a decade after it was originally proposed, the U.S. Department of Labor’s Wage & Hour Division has finally promulgated a new rule concerning the fluctuating workweek (FWW) method of computing...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

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

Seyfarth Shaw LLP

What do you call the axing of some DOL Section 7(i) interpretive regs? A good start.

Seyfarth Shaw LLP on

Seyfarth Synopsis: By eliminating two interpretive regulations, the U.S. Department of Labor expanded the number of employers that may qualify as a “retail or service establishment” under Section 7(i)’s exemption of the Fair...more

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

The New Retail and Service Exemption: DOL Revokes Outdated Lists

Effective with the May 19, 2020, publication in the Federal Register, the U.S. Department of Labor’s (DOL) Wage and Hour Division revokes the arbitrary lists it created in 1961 identifying industries that may, or would not,...more

Fisher Phillips

FLSA Commissioned-Employee 7(i) Exemption - USDOL Clarifications Go Straight to Final

Fisher Phillips on

USDOL’s Wage and Hour Division kicked off the week with an all-in-one maneuver. Approximately a year ago the FLSA’s 7(i) overtime exemption appeared on the regulatory agenda. Without any further notice, USDOL suddenly moved...more

Kelley Drye & Warren LLP

DOL Adopts Two Significant Changes to “Modernize” Overtime

First Up: DOL Expands Overtime Exemption for Commission-based Retail and Service Workers - We all know that retail has been hit hard by the pandemic. When retail employees paid on a commission basis do go back to work, fewer...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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