News & Analysis as of

Exemptions Wage and Hour

Mayer Brown

US Supreme Court Unanimously Rejects Higher Standard of Proof for Overtime Exemptions Under FLSA

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On January 15, 2025, the Supreme Court handed employers a win by confirming that exemptions under the Fair Labor Standards Act (“FLSA”) need only be proven by a “preponderance of the evidence.” In doing so, the Court...more

Foster Swift Collins & Smith

[Webinar] How Should Employers Prepare for Upcoming Changes? - February 12th, 12:00 pm - 12:30 pm EST

As of now, beginning on February 21, Michigan employers and employees will experience significant changes to the state’s employment laws. These changes include increases to the minimum wage, implementation of the Earned Sick...more

Bradley Arant Boult Cummings LLP

That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption

By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025...more

Kaufman & Canoles

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

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Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

Bricker Graydon LLP

[Ongoing Program] Session 4: Tackling Areas of High Risk in Your Athletics Department - October 8th, 12:00 pm - 1:00 pm ET

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 3: Play Offense, Not Defense: Complying with Title IX in an Ever-Changing Environment - October 1st,...

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 2: The Current Landscape of Student-Athlete Compensation - September 24th, 12:00 pm - 1:00 pm ET

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 1: The New Department of Labor Overtime Exemption Rule: What Your Athletics Department Needs to Know for...

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

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

Supreme Court of California Upholds Law Classifying App-Based Drivers as Independent Contractors

On July 25, 2024, the Supreme Court of California upheld a state law permitting ride-sharing apps to continue classifying their drivers as independent contractors, rather than employees. ...more

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

BakerHostetler on

The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Foley & Lardner LLP

The Department of Labor Rule Establishing Changes to Overtime Exemptions Is Now in Effect: What Steps Employers Immediately Need...

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Employers have been required since August 20, 2023, when the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking, to increase the minimum salary amount required to be paid to qualify for what is known as...more

Sheppard Mullin Richter & Hampton LLP

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). Depending on the outcome, the high court’s decision could make it far...more

Proskauer - Law and the Workplace

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...more

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

California Clarifies Fast Food Minimum Wage Law Taking Effect April 1; Governor OKs Stadium, Airport Worker Exemption

With California’s new $20-per-hour minimum wage for fast food workers set to take effect on April 1, 2024, the California Department of Industrial Relations (DIR) has updated its guidance regarding the new minimum wage law’s...more

Jackson Lewis P.C.

Governor Signs Bill to Exempt Certain Businesses from Fast Food Minimum Wage

Jackson Lewis P.C. on

On March 26, 2024, Governor Newsom signed Assembly Bill (AB) 610, which amends the definition of “fast food restaurant” to exempt restaurants in airports, hotels, event centers, theme parks, museums, and certain other...more

Ius Laboris

‘Standing orders’ in Karnataka State, India

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Since 2014, the state government of Karnataka has exempted companies operating in the IT, animation, gaming, computer graphics, telecom and certain other specified knowledge-based industries from the requirements of ‘standing...more

Fox Rothschild LLP

What Is A “Live-In" Nanny For The FLSA Domestic Exemption? First Step-She Has To Live In The House

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There are many exemptions under the Fair Labor Standards Act and an interesting one, one that does not get a lot of attention or “play” is the domestic worker exemption. This exemption applies to someone who works for...more

Bradley Arant Boult Cummings LLP

This Ain’t My Home, Now Pay Up: 11th Circuit Reverses on FLSA’s Live-In Service Worker Exemption

Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th...more

Fox Rothschild LLP

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

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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

Jackson Lewis P.C.

Federal Court Upholds DOL’s Authority to Set Minimum-Salary Test for White-Collar Exemption

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor...more

Barnea Jaffa Lande & Co.

Doing Businesses in Israel: Obligations for Social Security

Entrepreneurs and businesspersons interested in operating businesses in the State of Israel must be aware of the obligations imposed on them as self-employed dealers and employers, and cope with a variety of obligations to...more

Foley Hoag LLP

U.S. Department of Labor’s Proposed Rule Could Make Millions of Employees Overtime-Eligible

Foley Hoag LLP on

On August 30, 2023, the DOL announced a new proposed rule making changes to the FLSA’s so-called white-collar and highly compensated employee exemptions, increasing the salary threshold that employees must meet to qualify for...more

Weintraub Tobin

California Employment News: Professional and Administrative Pay Exemptions

Weintraub Tobin on

Two of the most common pay exemptions from federal and state overtime, meal and rest break, and minimum wage laws are the Professional and Administrative exemptions. Meagan Bainbridge and Lukas Clary detail how these two...more

Weintraub Tobin

Podcast: California Employment News - Professional and Administrative Pay Exemptions

Weintraub Tobin on

Two of the most common pay exemptions from federal and state overtime, meal and rest break, and minimum wage laws are the Professional and Administrative exemptions. Meagan Bainbridge and Lukas Clary detail how these two...more

Conn Kavanaugh

Gazing Into the Employment Law Crystal Ball: Artificial Intelligence, Pay Transparency, and Overtime Rule Changes

Conn Kavanaugh on

The employment law landscape can shift quickly to keep up with our rapidly evolving world of work.  You can be better prepared by anticipating changes that could impact your business.  Below are three areas in which legal...more

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