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Over-Time Classification

CDF Labor Law LLP

Class Is In Session on Exempt Classifications

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CDF Wage and Hour Task Force – Monthly Tips - Class Is In Session on Exempt Classifications  - All California employers should know by now that non-exempt employees are entitled to overtime for all hours worked over 8...more

Husch Blackwell LLP

The DOL’s New Proposed Rule Increasing Salary Basis: What it Means for Employers

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Under the Fair Labor Standards Act (FLSA), employers must provide overtime pay to employees at one and one-half times an employee’s regular pay rate for every hour the employee works beyond 40 hours in a workweek, unless the...more

Ward and Smith, P.A.

New Year, (Potentially) New Rules?

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Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

Cozen O'Connor

Third Circuit Rules PTO Not Salary in Win For Employers

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In a win for employers, on March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) does not constitute salary for purposes of the Fair Labor Standards Act (FLSA)....more

Stevens & Lee

Deducting Fringe Benefits for Underperformance Does Not Entitle Employees to Overtime Pay

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Per a recent Third Circuit ruling, employers do not destroy the salary basis test for exempt employees by making fringe benefit deductions. The Third Circuit held that the term “salary” does not include fringe benefits such...more

Verrill

Should You Be Paying Overtime to Your Office Staff?

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Office workers who perform receptionist, secretarial, and other administrative tasks often are incorrectly classified as exempt from overtime pay because they receive a salary and have job titles such as "executive...more

Husch Blackwell LLP

SCOTUS Nixes Forced Arbitration Clause in Southwest Employment Contract of Cargo Ramp Supervisor

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In a unanimous 8-0 decision, in Southwest Airlines Co. v. Saxon, the U.S. Supreme Court (Court) held that airline cargo ramp supervisors that assist with loading and unloading cargo constitute a class of workers engaged in...more

Brooks Pierce

New DOL Independent Contractor Rules

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The U.S. Department of Labor has announced new rules, effective March 8, 2021, clarifying how to determine if an individual is an employee–entitled to minimum wage, overtime, and other statutory protections—or an independent...more

Patterson Belknap Webb & Tyler LLP

Department of Labor Announces Proposed Regulations Regarding Worker Classification Under the FLSA

On September 22, the U.S. Department of Labor ("DOL") announced new proposed regulations regarding when workers can be classified as independent contractors under the Fair Labor Standards Act (“FLSA”). The FLSA requires...more

Epstein Becker & Green

Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer

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This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into October 2019. The episode includes: 1. DOL Issues Final Overtime Rule On September 24, the U.S. Department...more

Butler Snow LLP

6th Circuit Confirms 'Fair Reading' Standard For All Overtime Exemptions

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Ensuring correct employee classification for purposes of compliance with wage and hour laws is one of the most daunting challenges employers face. Classification criteria such as being engaged in “management” and use of...more

Fisher Phillips

Web Exclusive: Planning For DOL’s Overtime Rules In A Tough Labor Climate

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The U.S. Department of Labor recently announced proposed regulations on overtime that would render more than 1 million new workers eligible for overtime pay. Coupled with a historically tight labor market, this new rule has...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Fisher Phillips

August 2017: The Top 11 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more

McManis Faulkner

California Can No Longer Ignore Federal Classification Rules

McManis Faulkner on

The U.S. Department of Labor recently announced its highly anticipated federal overtime rule under the Fair Labor Standards Act (FLSA). The new rule updates the minimum salary requirement for employees to be considered...more

Foley & Lardner LLP

More On The New Rules For White-Collar Exemptions: Strategies To Consider

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Last week, we highlighted the Department of Labor’s (DOL) new proposed amendments to the “white-collar” exemption regulations. As the proposed rules move closer to becoming final this summer, with an effective date 60 days...more

Foley & Lardner LLP

Is Final Rule on White Collar Exemptions a Hidden Opportunity for Employers?

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It is no secret that last summer the Department of Labor (DOL) proposed substantial amendments to the white collar exemption regulations. Namely, the DOL proposed raising the minimum salary threshold from $23,660 to $50,440...more

Zelle  LLP

Proposed FLSA Regulation Means Higher Salaries in California

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Earlier this summer, the U.S. Department of Labor (“DOL”) issued a proposed regulation that could make it more difficult for employers to classify employees as “exempt,” i.e., exempt from being paid overtime, under federal...more

Fenwick & West LLP

DOL Proposes Exempt Classification Rule

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The federal Department of Labor (“DOL”) released a proposed rule to amend the Fair Labor Standards Act’s white-collar employee exemptions (i.e., executive, administrative, professional, outside sales, and computer...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more

Seyfarth Shaw LLP

How Insurance Industry Employers Can Navigate the New White-Collar Overtime Rules: Turning Legal Challenge Into Business...

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As most insurance industry employers are probably aware by now, the Department of Labor has proposed revisions to its regulations that seek to further limit the instances in which certain employees may qualify as exempt from...more

Foley & Lardner LLP

Unpaid Interns: The Second Circuit Pours Cold Water on a Hot Topic

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Can businesses use unpaid interns? Over the past few years, this is a frequent question from corporate clients and a mainstay subject in the legal blogosphere (including right here). The heightened interest stemmed from a...more

Seyfarth Shaw LLP

How Financial Services Employers Can Navigate the New White-Collar Overtime Rules

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The Department of Labor’s proposed revisions to the Fair Labor Standards Act’s overtime exemptions will impact the American workplace as much as any legal development in the past decade. Employers will need to reexamine, and...more

Arnall Golden Gregory LLP

DOL Seeks to Increase the Number of Employees Eligible for Overtime

The U.S. Department of Labor (“DOL”) has finally revealed its anticipated proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions. See 80 F.R. 38515 (July 6, 2015). Employers should brace themselves...more

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