News & Analysis as of

Exemptions Fair Labor Standards Act (FLSA) Unpaid Overtime

Fox Rothschild LLP

Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?

Fox Rothschild LLP on

In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards Act case, especially an overtime case, that...more

Woods Rogers

FLSA Lessons from TopGolf: Titles Mean Nothing!

Woods Rogers on

If you have employees you’re not paying overtime, be ready to explain why their duties make them exempt under the FLSA, not their title. Just because you call it a hole in 1, doesn’t make it so! The Fair Labor...more

Fox Rothschild LLP

Named Plaintiff in OT Class Action Dooms The Case By Her “Re-Inventing” Her Deposition Testimony: A Cautionary Tale!

Fox Rothschild LLP on

In class actions there is always a named plaintiff (or two or three, etc). That person acts as the class representative and is the “flagship” for the entire case. When that individual does something to jeopardize their...more

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

10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption

In a recent ruling, the Tenth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in which the district court held that an employee may be exempt from overtime under Colorado’s motor carrier...more

Fisher Phillips

Does Federal Wage Decision Bring A Sea Change To Offshore Operations? 5th Circuit Case Clarifies FLSA Exemption Standard For...

Fisher Phillips on

A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine...more

Seyfarth Shaw LLP

Home Health Care Agencies Feeling Sick After Friday’s Circuit Court Ruling

Seyfarth Shaw LLP on

As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption. On Friday, the U.S. Circuit...more

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

Federal Appeals Court Reinstates New Federal Minimum Wage and Overtime Requirements for Home Health Care Workers Employed By...

The United States Court of Appeals for the D.C. Circuit in Home Care Association of America v. Weil reinstated the U.S. Department of Labor’s regulations extending the federal minimum wage and overtime requirements for home...more

Franczek P.C.

Wage and Hour Basics Series: The "Fee Basis" and the Proposed FLSA Regulations

Franczek P.C. on

As we have discussed in the past, to be eligible for one of the “white collar” exemptions (executive, administrative, or professional) or as a highly compensated employee (HCE), Section 541.600 of the FLSA regulations...more

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

Should Employers Be Allowed to Count Nondiscretionary Bonuses Toward the FLSA’s Minimum Salary Threshold? The DOL Wants Your...

As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more

Parker Poe Adams & Bernstein LLP

Will DOL's Overtime Rule Revisions Fix the Outside Salesperson Exemption?

The Department of Labor’s long-anticipated revisions to its Part 541 overtime exemption regulations await Office of Management and Budget review before issuance in proposed form. The new rules follow President Obama’s...more

Franczek P.C.

Wage and Hour Basics Series: The FLSA Overtime Exemptions

Franczek P.C. on

While we regularly discuss many of the nuances of wage and hour law generally and the Fair Labor Standards Act in particular here on the blog— it is also important to focus on the basics. Periodically over the next several...more

BakerHostetler

President Obama Directs the DOL to Attack FLSA Exemptions

BakerHostetler on

Everybody is talking about it – President Obama’s announcement at the end of last week that existing overtime regulations be “modernized” and “streamlined” – but what exactly does this mean? The answer is, only time will...more

Butler Snow LLP

Overtime Exemptions: What Does "On A Salary Basis" Mean?

Butler Snow LLP on

Generally, most employees in the United States must be paid at least the federal minimum wage for all hours worked and overtime at one and one half times the regular hourly rate for all time worked above 40 hours in a seven...more

Ballard Spahr LLP

Loan Officers Petition D.C. Circuit To Review Decision Regarding Overtime Exemption

Ballard Spahr LLP on

Three loan officers at Quicken Loans Inc. have petitioned the U.S. Court of Appeals for the District of Columbia Circuit for en banc reconsideration of a recent ruling that invalidated U.S. Department of Labor (DOL) guidance...more

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

Seventh Circuit Exempts Interstate School Bus Drivers From FLSA Overtime Requirements

Last month, in Almy v. Kickert School Bus Line, Inc., No. 13-1273 (July 16, 2013), the Seventh Circuit Court of Appeals joined the Second, Third, Ninth, and Eleventh Circuits,in finding that school bus drivers who transport...more

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

Law School Grad Working as Graphic Consultant Not Exempt From Overtime Requirements: Reinforces Need To Evaluate Primary Duties...

Kadden v. VisuaLex, LLC, No. 11-CV-4892(SAS) (S.D.N.Y. Sept. 24, 2012, Sheindlin, J.): The plaintiff, a law school graduate, brought suit against her former employer, VisuaLex, LLC, seeking to recover unpaid overtime and...more

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