News & Analysis as of

Misclassification Exempt-Employees White-Collar Exemptions

Pillsbury Winthrop Shaw Pittman LLP

Practical Implications of the DOL’s Proposed Increase to the Minimum Salary Level for Exempt Employees

The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually. The proposed rule would also raise the threshold for “highly compensated...more

Kohrman Jackson & Krantz LLP

DOL Works to Limit the Number of Overtime Exempt Workers with Proposed New Rule

FAIR LABOR STANDARDS ACT (FLSA) OVERVIEW - The Fair Labor Standards Act (FLSA) requires that all covered employers pay their employees compensation for hours worked over forty per week at one and a half times their regular...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Ruling Shows FLSA Exemption May Be Narrower Than You Think

When determining whether an employee qualifies for a minimum wage and overtime exemption under the Fair Labor Standards Act, employers often quickly rule out most of the available exemptions. For example, the executive...more

Fox Rothschild LLP

The FLSA Salary Test Is Coming Around Again For Revision: Employers, Watch Out

Fox Rothschild LLP on

The US Department of Labor (DOL) may seek again, in 2023, to raise the salary threshold for a person to fit within a Part 541 white-collar exemption. The agency was going to announce its plans in April but it has been...more

Kohrman Jackson & Krantz LLP

Can the Justices Add Clarity to the Salary Basis Test for White Collar Overtime Exemptions?

The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have...more

Franczek P.C.

Even High Earning Supervisors Can Be Entitled to Overtime

Franczek P.C. on

Wage and hour law is full of traps for the unwary. Even compensation practices that are well-accepted across an entire industry can sometimes create huge headaches for employers in the face of a legal challenge....more

Seyfarth Shaw LLP

Invitations (To Join FLSA Collective Actions) Have Consequences: Seventh Circuit Rules That FLSA Opt-In Notice Should Not Be Sent...

Seyfarth Shaw LLP on

Seyfarth Synopsis: An appellate court has ruled that a district court should not authorize notice of an FLSA suit to employees who are ineligible to join the suit because they agreed to resolve disputes exclusively through...more

Seyfarth Shaw LLP

2nd Cir. Rules Utilization Reviewer Was Exempt “Professional”

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit has affirmed summary judgment for the employer, Aetna, in an exempt misclassification overtime claim brought by a nurse reviewer. Agreeing that the plaintiff was properly classified as a...more

Jaburg Wilk

DOL Overtime Rules

Jaburg Wilk on

In September, the U.S. Department of Labor issued a long-awaited final rule updating the compensation requirements for the FLSA’s executive, administrative, and professional exemptions. The 2019 Final Rule is effective...more

Fisher Phillips

Washington Employers: Prepare For Significant Salary Increase To Meet Overtime Exemptions

Fisher Phillips on

Washington’s Department of Labor and Industries just decided to substantially raise the state’s salary threshold to meet the salary basis test for “white collar” overtime exemptions. As set out more specifically below,...more

Spilman Thomas & Battle, PLLC

DOL Adopts New Salary Threshold for White Collar Overtime Exemption

The Department of Labor (“DOL”) has revised its Overtime Rule that updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (“FLSA”) minimum...more

Woods Rogers

U.S. Department Of Labor Increases FLSA Salary Threshold

Woods Rogers on

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay.  The final rule raises the standard salary level...more

Rosenberg Martin Greenberg LLP

Final Overtime Rule Announced

On September 24, 2019, the U.S. Department of Labor announced the Final Overtime Rule which will go into effect January 1, 2020.  The Overtime Rule changes the eligibility requirements for executive, professional and...more

Hutchison PLLC

Changes to Overtime Exemptions under the Fair Labor Standards Act

Hutchison PLLC on

In 2015, the U.S. Department of Labor introduced a proposed rule which would, in part, double the salary threshold required under the Fair Labor Standards Act (“FLSA”) to maintain exempt status under the “white-collar”...more

Jackson Walker

Millions of Employees Now Entitled to Overtime Under FLSA Final Rule

Jackson Walker on

On September 24, 2019, the Department of Labor issued an updated Final Rule on the Fair Labor Standards Act’s (FLSA) salary test threshold. Effective January 1, 2020, the Final Rule culminates over three years of activity...more

Kramer Levin Naftalis & Frankel LLP

That’s Final: Department of Labor Issues Final Rule Increasing Salary Thresholds for Exempt Employees, including Highly...

On Sept. 24, 2019, the U.S. Department of Labor (DOL) unveiled its final rule to update the Fair Labor Standards Act’s (FLSA) overtime exemptions for executive, administrative and professional workers. The final rule is...more

Bricker Graydon LLP

DOL Finalizes New Overtime Rule For White-Collar Exemptions: 1.3 Million Additional Workers Will Be Eligible For Overtime Pay...

Bricker Graydon LLP on

On September 24, 2019, the United States Department of Labor (DOL) issued its final rule revising the overtime exemptions that cover employees designated as executive, administrative and professional – the so-called...more

Hogan Lovells

DOL Finalizes New Rule That Will Potentially Make Millions of Employees Eligible For Overtime Pay In January 2020

Hogan Lovells on

On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule that, effective January 1, 2020, will increase the salary threshold, by approximately 50%, that so-called “white collar” employees must be paid...more

Proskauer - Law and the Workplace

Fewer Than 100 Days Until the New Overtime Rule Takes Effect: Is Your Company Ready?

On January 1, 2020, the new federal overtime rule takes effect.  Other than in states with already-higher minimum salaries for exemption (which include California and, for certain types of employees, New York), employers will...more

Neal, Gerber & Eisenberg LLP

Client Alert: U.S. Department of Labor Raises the Minimum Salary Level for Overtime Exemptions

On September 24, 2019, the U.S. Department of Labor (“DOL”) finally unveiled its long-awaited final rule under the Fair Labor Standards Act (“FLSA”) which officially will increase the minimum salary level for the “white...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

McNees Wallace & Nurick LLC

It’s Here! DOL Issues Final Rule Increasing The Minimum Salary Requirements For The FLSA Overtime Regulations

On September 24, the U.S. Department of Labor released its final rule changing the minimum salary requirements for the Fair Labor Standards Act’s “white-collar” overtime exemption regulations....more

Proskauer - Law and the Workplace

The New Federal Overtime Rule: What You Need to Know

The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019.  Here’s the bottom line....more

Stoel Rives - World of Employment

Department of Labor Announces Expanded Overtime Protection for over 1 Million Workers Beginning January 1, 2020

The U.S. Department of Labor announced today that an estimated 1.3 million workers will soon be eligible to receive overtime or be in line for a raise. Effective January 1, 2020, the minimum salary threshold for the...more

Stokes Wagner

DOL Issues New Overtime Exemption Rule

Stokes Wagner on

The U.S. Department of Labor released its highly anticipated final rule governing the new salary threshold for the “white collar” overtime exemptions. Effective January 1, 2020, the final rule raises the salary threshold for...more

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