In order to claim overtime exempt status under the Fair Labor Standards Act’s white-collar exemptions, the position in question must meet both the duties and salary tests set forth under Department of Labor regulations. The...more
In a recent opinion (Helix Energy Sols. Grp., Inc. v Hewitt), the Supreme Court held that a highly compensated supervisor paid on a daily-rate basis was not an executive exempt from the Fair Labor Standards Act’s (FLSA)...more
On February 22, 2023, the Supreme Court clarified the requirements for highly compensated employees to be considered executives exempt from overtime pay under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions...more
The U.S. Supreme Court recently held that an employee who earned in excess of $200,000 annually was entitled to overtime pay because he did not qualify for the FLSA’s highly compensated employee exemption. This decision –...more
In its most recent employment decision, the Supreme Court rejected an employer’s efforts to avoid paying overtime to a highly-compensated oil rig employee, finding that the employee’s daily pay rate did not satisfy the...more
Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In...more
After an extensive analysis of the Fair Labor Standard Act’s (FLSA) provisions governing overtime pay as applied to highly-paid employees, the Supreme Court has upheld the FLSA’s “salary basis test” – finding that not only is...more
One relatively common misapprehension by employers is that generous wages or popular methods of payment will satisfy the Fair Labor Standards Act (FLSA). On February 22, 2023, the Supreme Court reiterated the need not simply...more
The Ninth Circuit Court of Appeals recently ruled that whether a nursing staffing coordinator met the administrative exemption from federal overtime requirements is a factual issue that must be decided at trial. Quintiliani...more
On January 25, 2017, the Fourth Circuit Court of Appeals[1] dealt a significant blow to the traditional contractor-subcontractor relationship. In finding that a contractor and subcontractor could be considered “joint...more
The Department of Labor has issued its long-awaited, proposed rule revising the overtime regulations for "white collar workers." This webinar will explain the new, proposed rule and the effect of the proposed, increased...more
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
On June 30, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued its much-anticipated Notice of Proposed Rulemaking (NPRM) on “Defining and Delimiting the Exemptions for Executive, Administrative,...more
On Monday July 6, 2015 the Obama Administration and U.S. Department of Labor (DOL or Department) published their proposal to revise the Part 541 overtime exemption regulations in the Federal Register, beginning the required...more
On Monday, July 6, 2015, in response to a March 2014 executive order signed by President Obama, the Department of Labor (“Department”) published a Notice of Proposed Rulemaking (“NPRM”) that will more than double the minimum...more
On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee...more
At long last, on Tuesday, June 30, the Department of Labor released its Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor Standards Act’s “white collar” overtime exemption...more
In a conference call held on Wednesday morning, Labor Secretary Thomas Perez and Wage and Hour Administrator David Weil fielded questions about the recently released proposal to revise the Fair Labor Standards Act overtime...more
On June 30, 2015, the United States Department of Labor (“DOL”) released a proposed rule which, if implemented, will alter the minimum salary threshold for the so-called “white collar” exemptions to the minimum wage and...more
The Department of Labor (DOL) today issued proposed regulations which, if adopted, will dramatically increase the number of executive, administrative and professional (white collar) workers eligible to earn overtime...more
At long last, the anxiously-awaited proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have been...more
On June 30, 2015, President Obama and Secretary of Labor Perez released a 295-page Notice of Proposed Rulemaking (NPRM), seeking public comments on proposed changes to the "white collar" overtime exemption regulations. The...more
The anxiously awaited proposed changes in regulations defining the federal Fair Labor Standards Act’s Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have been published by...more
On June 30, the Department of Labor’s Wage Hour Division (WHD) issued its long-anticipated proposed rule and request for comments concerning recommended changes to the Fair Labor Standards Act (FLSA) white collar exemptions...more
For the first time in over a decade, the Department of Labor (Department) proposed updates yesterday to the federal Fair Labor Standards Act (FLSA) white collar overtime regulations. These changes will impact businesses...more