News & Analysis as of

Job Duties Fair Labor Standards Act (FLSA)

Husch Blackwell LLP

Fifth Circuit Concludes FLSA 2019 Minimum Salary Rule Falls Within Department of Labor's Authority

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We previously wrote about the U.S. Department of Labor’s 2024 overtime rule that raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA). We explained that this rule was bound to face legal...more

Amundsen Davis LLC

Federal Appeals Court Invalidates the U.S. Department of Labor’s 2021 Tip Credit Rule

Amundsen Davis LLC on

On August 23, 2024, in the case of Restaurant Law Center, et. al. v. U.S. Department of Labor, et. al., the U.S. Court of Appeals for the Fifth Circuit invalidated the U.S. Department of Labor’s (DOL) 2021 Tip Credit Rule...more

Whiteford

Employment Law Update: The Tip Credit is Back

Whiteford on

Hospitality employers take note – the Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (“FLSA”) that allows employers to pay tipped employees a lower...more

Kerr Russell

Unpaid Internships in Your Office: What You Should Know

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Question: I am considering having one or two unpaid interns in my office at different times this summer. Are there restrictions on the type of tasks that I am legally able to have them perform? Are there other legal concerns...more

Fox Rothschild LLP

5th Circuit Vacates DOL’s Federal 80/20/30 Tip Credit Rule

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The U.S. Court of Appeals for the 5th Circuit recently vacated the U.S. Department of Labor’s (DOL) latest provisions of its Tip Regulations Under the Fair Labor Standards Act, colloquially known as the 80/20/30 Rule through...more

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit vacates DOL regs regarding tipped employees

On Friday, August 23, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit vacated a Final Rule issued by the U.S. Department of Labor that sought to restrict when employers could claim a “tip credit” under...more

Fisher Phillips

Is Your AI Prompt Engineer Exempt From Overtime Pay? An Employer’s 5-Step Guide to Avoiding Misclassification Mistakes

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As the AI revolution takes hold, employers are hiring for jobs we never imagined just a few years ago. This may leave you in the dark when trying to figure out if your new hires, including Prompt Engineers, will truly meet...more

Amundsen Davis LLC

Breaking News Impacting Illinois Staffing Agencies & User Clients

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Friday, Governor Pritzker signed Senate Bill 3650 (SB 3650), which amends the Illinois Day and Temporary Labor Services Act (the “Act”) -- AGAIN. This is the 3rd major amendment to the Act in just over a year. The impact of...more

NAVEX

The Department of Labor Overtime Rule: A Compliance Guide for SMBs

NAVEX on

A final rule issued by the Department of Labor (DOL) revises the salary requirements for determining minimum wage and overtime pay exemptions under the Fair Labor Standards Act (FLSA). This article reviews the rule changes...more

Fisher Phillips

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

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Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more

Conn Maciel Carey LLP

DOL Finalizes Overtime Rule – Significantly Increasing Salary Level Basis Threshold for FLSA Overtime Exemptions

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On April 23, 2024, the U.S. Department of Labor (“DOL”) finally released its final rule raising the salary threshold for overtime exemptions titled Defining and Delimiting the Exemptions for Executive, Administrative,...more

Fisher Phillips

Weekly Checklist: Do Your Job Descriptions Need an Update for 2024?

Fisher Phillips on

FP Weekly often provides readers with a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

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For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...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

Fox Rothschild LLP

What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unawares!

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As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions to more than $1000 per week. Although that will...more

Sherman & Howard L.L.C.

Second Circuit Provides Important Reminder to Employers Regarding Overtime Risks

Employers who rely on their workers to identify and report overtime as a prerequisite for payment may be setting themselves up for significant liability. As the U.S. Court of Appeals for the Second Circuit recently reminded...more

Fisher Phillips

The Little-Known Reason Why An Employee’s Job Performance Could Tank Their Exempt Status – and What Employers Can Do About It

Fisher Phillips on

Last week’s news that the Labor Department is proposing a hefty increase to the weekly salary requirement to qualify employees for the overtime exemption has put the spotlight on how much you pay your employees – but that...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL proposes to expand minimum wage, OT protections by increasing minimum salaries for White Collar exemptions

After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

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The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

Husch Blackwell LLP

DOL Proposes Substantial Increase in Salary Threshold Levels for Overtime Exemptions

Husch Blackwell LLP on

On August 30, 2023, the Department of Labor (DOL) issued a proposed rule regarding the Fair Labor Standards Act (FLSA) overtime exemptions, most notably increasing the standard salary threshold for the so-called “white...more

Fisher Phillips

Weekly Checklist: Do Your Job Descriptions Need an Update for 2023?

Fisher Phillips on

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Fisher Phillips

Workers Should be Paid for the Time Spent Booting Up Computers, According to Federal Appeals Court

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The Ninth Circuit Court of Appeals recently held that time spent booting up computers for call center employees at the beginning of their shift is integral and indispensable to their work and thus compensable under federal...more

Husch Blackwell LLP

Ninth Circuit Rules Computer Start-Up Time Is Compensable

Husch Blackwell LLP on

Earlier this week, the Ninth Circuit held that computer start-up time is compensable under the Fair Labor Standards Act (“FLSA”) where computer usage is an “integral and indispensable” part of an employee’s duties. More...more

Morgan Lewis

Ninth Circuit Finds Time Booting Up Computers May Be Compensable for Call Center Workers

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The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more

Kilpatrick

Ninth Circuit Holds That Time Spent Booting Up Computers is Compensable

Kilpatrick on

On October 24, 2022, the Ninth Circuit Court of Appeals issued its opinion in Cariene Cadena et al. v. Customer Connexx LLC et al. (Case No. 21-16522), holding that the time employees spend booting up their computers is...more

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