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Over-Time Department of Labor (DOL) Labor Regulations

ArentFox Schiff

Post-Chevron Employment Law Regulations: What to Expect

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Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more

Butler Snow LLP

Hurry Up and Wait – DOL Final Rule increasing salary threshold on July 1, 2024 faces legal challenges

Butler Snow LLP on

On April 23, 2024, the United States Department of Labor (“DOL”) announced a final rule which will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law.[1]...more

Verrill

Key Takeaways for Maine Employers from DOL Final Rule Increasing Salary Thresholds for Exempt Employees

Verrill on

The U.S. Department of Labor recently issued a final rule that would increase the required salary thresholds for employees to be exempt from overtime requirements under the Fair Labor Standards Act (FLSA). The increases to...more

Bodman

New DOL and FTC Rules (Maybe) Mandate Employment Changes

Bodman on

It was a busy and high-profile week for the Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”), both of which issued new rules that require employers to thoroughly review their use of the exempt...more

Spilman Thomas & Battle, PLLC

DOL Raises Salary Requirements for Overtime Exemptions

The U.S. Department of Labor (DOL) announced April 23, 2024 it will increase the minimum annual salary that is required to make certain white-collar employees to be eligible for overtime (often referred to as the executive,...more

Brooks Pierce

Extra, Extra…Pay for Exempt Employees: DOL Published Final Rule on Overtime Exemptions

Brooks Pierce on

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule altering the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). This is the final step in a process that...more

Schwabe, Williamson & Wyatt PC

The DOL’s New Overtime Rule is Heading Straight for ‎Us

Ready or Not, Here It Comes – What Should Employers Do Now? The Department of Labor’s September 2023 proposed rule to expand overtime protections to millions of employees is the proverbial freight train heading right for...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

Bass, Berry & Sims PLC

U.S. Supreme Court Rules That a Highly Compensated Employee Paid on a Daily-Rate Basis is Entitled to Overtime Pay

Bass, Berry & Sims PLC on

The U.S. Supreme Court recently ruled that a highly compensated employee who was paid a guaranteed daily rate but not a guaranteed weekly rate was not properly paid “on a salary basis” and, therefore, was not correctly...more

Poyner Spruill LLP

DOL Expected to Raise Minimum Salary for Exempt Status

Poyner Spruill LLP on

President Biden’s Administration, including the United States Department of Labor (DOL), have clearly expressed their belief that the minimum salary employers are required to pay to their exempt employees needs to be...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Restaurant's Mandatory Service Charge Wasn't a Tip

In the current battle to hire and retain good workers, employers have developed creative ways to balance employees’ increased compensation expectations against the costs of running a business. In addition, restaurants using...more

Littler

Federal Court Decision Protects Independent Contractor Status

Littler on

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - August 2021

This edition summarizes key employment law issues, including new clarifications of employers’ COBRA obligations and restrictions on noncompete agreements. We also discuss New York’s new conditions for background check...more

Polsinelli

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

Polsinelli on

On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more

FordHarrison

U.S. DOL Rescinds Trump-Era Rule Regarding Joint-Employer Status Under the FLSA

FordHarrison on

On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning...more

Jones Day

Adjusting to New Economic Realities: Department of Labor Proposes Worker Classification Test

Jones Day on

The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more

Wyrick Robbins Yates & Ponton LLP

Six Common (and Costly) FLSA Mistakes

The Federal Fair Labor Standards Act, 29 U.S.C. § 201, et seq., was created as a part of the “New Deal” to help our nation recover from the Great Depression.  ...more

FordHarrison

Department of Labor Issues Wage and Hour Opinion Letter Regarding Permissible Use of the Fluctuating Workweek Method of...

FordHarrison on

The U.S. Department of Labor (DOL), Wage and Hour Division (WHD) issued an opinion letter on August 31, 2020 addressing whether the fluctuating workweek method of compensation may be used when an employee’s weekly hours...more

McNees Wallace & Nurick LLC

Minimizing Risk for Unpaid Overtime – U.S. Department of Labor Issues Guidance on Tracking Non-Exempt Employees’ Hours Worked...

Accurately tracking hours worked by non-exempt employees for purposes of overtime pay has always been an area of potential risk for employers.  The issue is thorny one because of how the federal Fair Labor Standards Act...more

Fox Rothschild LLP

USDOL Clarifies The Fluctuating Work Week Method Of Paying Overtime And Its Relationship To Provision Of Bonuses: Keep Those...

Fox Rothschild LLP on

The USDOL has been pretty busy lately issuing new rules and interpretations about FLSA issues, including vague, nuanced issues like the inclusion (or not) of bonuses in the regular rate and the circumstances under which...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on

If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Epstein Becker & Green

The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor

Epstein Becker & Green on

In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the...more

Seyfarth Shaw LLP

It’s All About Those Rates (Part I): Basic Rate of Pay

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Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I...more

Akerman LLP - HR Defense

Department of Labor Opinion Letters Provide Employers a Roadmap to FLSA Compliance

Last week, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued two new opinion letters which clarify how employers should calculate the overtime rate when employees are paid lump-sum bonuses and when employers...more

Bradley Arant Boult Cummings LLP

Keeping It Regular: DOL Issues Rule Clarifying Regular Pay Rate

The Department of Labor recently issued a final rule about how to calculate an employee’s regular rate of pay for overtime purposes under the Fair Labor Standards Act. As everyone knows, under the FLSA you have to pay...more

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