News & Analysis as of

Fair Labor Standards Act (FLSA) Wage and Hour Final Rules

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects Challenge to Labor Department's Use of FLSA Salary Test

Employers have been following legal challenges to the U.S. Department of Labor’s second round of increases to the minimum salary that must be paid to meet the requirements of the Fair Labor Standards Act’s white collar...more

Ballard Spahr LLP

DOL Authority to Increase Overtime Compensation Thresholds Affirmed

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On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary...more

Seyfarth Shaw LLP

Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid...more

Perkins Coie

Fifth Circuit Hits 0% on the Department of Labor’s Tip Credit Rule

Perkins Coie on

The U.S. Court of Appeals for the Fifth Circuit recently determined that the Department of Labor (DOL) violated the Administrative Procedures Act (APA) in issuing its “Tip Credit” final regulations and vacated the final rule....more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

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

Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead

On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of...more

Fisher Phillips

Appeals Court Strikes Down Onerous 80/20/30 Tip Credit Rule: 7 Things Hospitality Employers Should Know About This Win

Fisher Phillips on

A federal appeals court just delivered some good news to hospitality employers by blocking the Department of Labor’s infamous 80/20/30 rule, providing immediate relief to employers around the country by vacating the...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

Ballard Spahr LLP

Update on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

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As we previously reported, the Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” on April 23,...more

Benesch

Increased Salary Thresholds for Exempt Employees Under the Fair Labor Standards Act Now Effective

Benesch on

As we previously reported, the Department of Labor (“DOL”) issued a Final Rule adjusting the minimum annual salary that an employee must be paid to qualify for the executive, administrative, and professional (“EAP”)...more

Pullman & Comley - Labor, Employment and...

Important Wage Alert Regarding the DOL’s Final Rule Increasing the Salary Level for the Executive, Administrative and Professional...

Effective July 1, 2024, the U.S. Department of Labor’s new overtime rule took effect throughout the country, except in the state of Texas (where due to ongoing litigation, Texas employees that are employed by the state of...more

Bricker Graydon LLP

DOL Overtime Rules and Institutions of Higher Education - Where Are We, What’s Next, and What Can We Do?

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After much nail biting and wondering when to jump the train track, on July 1, 2024, the new overtime thresholds for non-exempt employees went into effect for everyone – outside of Texas. Now the rest of us are subject to the...more

K&L Gates LLP

US Department of Labor Announces Final Rule Increasing Salary Thresholds For Overtime Exemptions (Updated)

K&L Gates LLP on

UPDATE: On 3 July 2024, the Northern District of Texas preliminarily enjoined the US Federal Trade Commission from implementing and enforcing its Final Rule banning non-competes against the US Chamber of Commerce, the...more

Clark Hill PLC

Wage and Hour Update: Salary Basis Increase Now in Effect

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A federal court in the Eastern District of Texas halted enforcement of the salary threshold increases following challenges to the U.S. Department of Labor’s Final Rule – Defining and Delimiting the Exemptions for Executive,...more

Miller & Martin PLLC

Step One of the DOL Final Rule Increasing FLSA Exemption Salary Thresholds Is Now in Effect

Miller & Martin PLLC on

As our prior legal alert detailed, the Wage and Hour Division of the Department of Labor on April 23, 2024 announced its Final Rule increasing salary thresholds for the Executive, Administrative, and Professional (“EAP”)...more

Epstein Becker & Green

The U.S. Department of Labor’s Final Rule Increasing the Salary Threshold for EAP Exemptions Took Effect, Except for the State of...

Epstein Becker & Green on

As we previously reported, the U.S. Department of Labor (DOL) issued a new final rule increasing the minimum salary amounts for the executive, administrative, and professional (EAP) and highly compensated employee exemptions....more

Bricker Graydon LLP

Somethings Aren’t Bigger in Texas

Bricker Graydon LLP on

A federal judge in Texas recently held the Department of Labor’s (DOL) rule increasing the annual salary threshold for the exemption provided for executive, professional and administrative employees (the “white-collar...more

Freeman Law

DOL Final Rule on Exempt Employee Salary Thresholds

Freeman Law on

On July 1, 2024, the Department of Labor’s final rule on exempt employee compensation thresholds went into effect. Each of the regulations sections 541.100 (executive employee), .200 (administrative employee), and .300...more

Saul Ewing LLP

The USDOL’s FLSA Salary Increase is Partially Enjoined

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As previously reported here, the U.S. Department of Labor (USDOL) issued its final rule providing that, effective July 1, 2024, the salary threshold under the Fair Labor Standards Act (FLSA) for the white collar overtime...more

Stinson LLP

Federal Courts Respond to Challenges to DOL's Salary Threshold Rule

Stinson LLP on

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule which included a two-step raise of the federal minimum salary requirement for exempt employees under the Fair Labor Standards Act (FLSA). Beginning...more

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

Federal Judge in Northern District of Texas Denies Nationwide Preliminary Injunction to Block the DOL’s New Overtime Rule

On July 1, 2024, the U.S. District Court for the Northern District of Texas refused to block the enforcement of the new U.S. Department of Labor (DOL) rule to raise the minimum salary thresholds for the white-collar overtime...more

Robinson Bradshaw

U.S. DOL Final Rule In Effect July 1, 2024

Robinson Bradshaw on

Here we go again – except this time, it’s final. For now. On July 1, the U.S. Department of Labor’s final rule increasing the standard salary threshold for overtime exemption went into effect. This rule, released on April 23,...more

Parker Poe Adams & Bernstein LLP

Federal Court Denies Injunction Against New FLSA Overtime Exemption Salary Level

On Monday, a federal district court in Texas denied a request for a temporary injunction that would have prevented the Department of Labor’s increase in the minimum salary from taking effect for certain employees. The DOL’s...more

Nelson Mullins Riley & Scarborough LLP

DOL Overtime Rule Blocked for Employees of State of Texas

On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas.  As discussed in a...more

McNees Wallace & Nurick LLC

UPDATE – DOL’s New Minimum Salary Requirements for the FLSA’s White-Collar Exemptions Take Effect (For Every Covered Employer...

In April, we wrote about the U.S. Department of Labor’s new regulations set to take effect on July 1, 2024.  These new regulations significantly increase the minimum salary required for employers to meet the Fair Labor...more

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