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Fisher Phillips

Overtime Rule Clears Major Hurdle in Advance of January 1 Effective Date: Key Steps for Employers

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In a major win for the Department of Labor, a federal appeals court just ruled that the agency has the power to set a salary basis floor in order for workers to be considered exempt from overtime pay. Yesterday’s ruling from...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Considers Whether Labor Department Has Authority to Require Minimum Salary for Exemptions

The Department of Labor’s decision to significantly increase the minimum salary required to claim the so-called white-collar exemptions from federal overtime requirements has prompted legal challenges from employers. ...more

Seyfarth Shaw LLP

Ripples in the OT Waters: Considering the Downstream Effects of Reclassifying Exempt Employees

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Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive,...more

Epstein Becker & Green

DOL Offering Webinars on Final Overtime Rule

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As we have previously addressed, the U. S. Department of Labor (DOL) has issued its final rule raising salary thresholds for overtime exemptions under the federal Fair Labor Standards Act (FLSA) effective January 1, 2025. ...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Littler

DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions

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On August 30, 2023, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations applicable to executive,...more

Jackson Lewis P.C.

Fourth Circuit Panel Questions Validity of Court’s Burden of Proof for FLSA Overtime Exemptions

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The employer must prove the applicability of an exemption from overtime under the Fair Labor Standards Act (FLSA) with “clear and convincing” evidence, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit...more

Stevens & Lee

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

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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

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Littler

Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

Littler on

On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the...more

Fisher Phillips

Wage and Hour Update: Federal Appeals Court Introduces “Relational Analysis” Test for FLSA Administrative Exemption

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Employers operating in certain states should note that the 1st U.S. Circuit Court of Appeals just provided some clarity on the Fair Labor Standards Act’s (FLSA’s) administrative exemption. A federal appeals court held that...more

Parker Poe Adams & Bernstein LLP

Supreme Court Case on Highly Compensated Employees Will Test Limits of FLSA Salary Test

Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more

Littler

Eleventh Circuit Holds FLSA Administrative Exemption Applies to Business Development Managers Who Drove Business to Car...

Littler on

On April 1, 2022, the U.S. Court of Appeals for the Eleventh Circuit, in Brown v. Nexus Business Solutions, LLC affirmed a district court’s decision that business development managers who solicited and sold General Motors...more

Jackson Lewis P.C.

Store Sampler Representatives Are Exempt Outside Salespersons, First Circuit Holds

Jackson Lewis P.C. on

Who doesn’t like free samples when shopping? But are the representatives providing those samples actually “selling” them so that they are exempt from overtime under the Fair Labor Standards Act (FLSA) as outside salespersons?...more

Cozen O'Connor

Fifth Circuit: Six Figure Employee Entitled to Overtime

Cozen O'Connor on

The U.S. Court of Appeals for the Fifth Circuit recently handed down a decision that sent shockwaves through the energy industry and a clear message to employers that — to the surprise of many — paying an employee a six...more

Holland & Knight LLP

Federal Judge Rules Day Rate Can Be a Salary for FLSA Exemptions

Holland & Knight LLP on

In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero...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

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

Bond Schoeneck & King PLLC

U.S. Department of Labor's Updated Regulations Clarify Exclusions From the Regular Rate

The U.S. Department of Labor ("DOL") recently issued updated regulations which clarify what types of compensation provided by employers can properly be excluded from the regular rate for overtime computation purposes. ...more

McDermott Will & Emery

Top 10 Things to Know About the New FLSA Overtime Calculations

Beginning January 15, 2020, new, more employer-friendly regulations determine how overtime pay is calculated under the Fair Labor Standards Act....more

McAfee & Taft

Tenth Circuit holds FLSA applies to marijuana industry employees

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Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more

Epstein Becker & Green

Time Is Running Out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

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As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”)  are set to go into effect on January 1, 2020. That deadline is sneaking up fast....more

Rumberger | Kirk

A Win for Cannabis Industry Workers

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On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Fisher Phillips

Cannabis Employers Can’t Escape Wage Claims, Says Court

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• Cannabis businesses must comply with federal wage and hour law, a federal appeals court ruled, despite the fact they operate in a field still illegal under another federal law. The court said two wrongs don’t make a right....more

Littler

The Final Rule on Overtime is Finally Here: Minimum Salary Level for Exemption Increased to $35,568 Effective January 1, 2020

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The U.S. Department of Labor unveiled its long-awaited final rule on the overtime “white collar” exemptions on September 24, 2019.  The regulations, at 20 CFR Part 541, were last updated in 2004, when the DOL increased the...more

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