News & Analysis as of

Over-Time Non-Exempt Employees Wage and Hour

The Federal Overtime Rule Stalls and State Minimum Wage and Overtime Rules Rev Up

As we previously reported, a federal district judge’s invalidation of the Obama-era overtime rules – which proposed a sharp increase in the salary threshold for exempt employees, expanding overtime pay to millions of workers...more

Halloween Ushers In Potential Resurrection Of Proposed Overtime Rule

You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which invalidated the Obama administration’s overtime rule. The...more

Buckle Up for 2018: New Overtime Regulations Manufacturing Confusion

Readers of this blog may recognize I have spilled a good deal of ink over the last two years discussing the impact of the Obama Administration’s efforts to increase the minimum salary for certain employees to be considered...more

DOL to Challenge Order Invalidating Obama Administration’s Controversial 2016 Overtime Rule

On October 30, 2017, the Department of Labor (“DOL”) alerted Texas U.S. District Judge Amos Mazzant that it planned to challenge his August 31, 2017 order invalidating the Obama administration’s controversial 2016 overtime...more

Are You Owed Overtime Wages?

by Jaburg Wilk on

The Fair Labor Standards Act (FLSA) requires covered employers to pay all non-exempt employees the federal minimum wage. It also requires covered employers to pay non-exempt employees 1.5 times their regular rate for any...more

Service Advisors at Auto Dealerships: An FLSA Exemption Case Makes its Way Back to the Supreme Court

by McNees Wallace & Nurick LLC on

The United States Supreme Court will address again whether service advisors are exempt from overtime compensation requirements of the Fair Labor Standards Act (“FLSA”)....more

Sales Representative Who Was Paid $900,000 Can Still Claim Violation of Overtime Law, Says Federal Court

by Zuckerman Spaeder LLP on

Under federal law, employers must pay employees time-and-a-half if they work over 40 hours in a workweek, unless the employees are exempt from the overtime law. Employers don’t usually think of an employee who takes home...more

The Potential Perils Of "Managing Through The Payroll"

by Fisher Phillips on

Management's already-daunting, time-consuming responsibilities are further complicated by the need to motivate employees to do desirable things and to deter them from doing unwanted things. It is therefore understandable that...more

Obama’s Proposed Overtime Rule is Overruled

by Pessin Katz Law, P.A. on

As you may recall, in 2016 the Department of Labor issued a new overtime rule under the Fair Labor Standards Act (FLSA). In nutshell, the new rule raised the salary threshold for employees exempt from overtime from $455/ week...more

Illinois Appellate Court Reverses Certification in Off-the-Clock Case

by BakerHostetler on

With many of the most common sources of overtime claims being exhausted (e.g., assistant manager cases), plaintiffs are bringing off-the-clock cases in increasing numbers. While employers should certainly pay nonexempt...more

Overtime Exemption Increases: Not Now, But (Probably) Soon

by Foley & Lardner LLP on

As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a...more

FLSA Overtime Rule Struck Down Leaving DOL and Employers in Limbo

by PilieroMazza PLLC on

In a decision issued on August 31, 2017, federal district Judge Amos Mazzant struck down as invalid the Department of Labor’s (DOL) new overtime exemption rule which planned to significantly increase the salary threshold...more

Judge Strikes Down DOL’s Proposed Overtime Rule!

by Ruder Ware on

Finally, it appears we have closure on this saga that started over a year ago! On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the...more

Texas Two-Step: Overtime Ruling Does Not Completely End the Obama Rule Dance

On August 31, 2017, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas, issued an order invalidating the Obama-era overtime rules. Finding that the Department of Labor rule exceeded its...more

Obama-Proposed DOL Overtime Rule Invalidated: Back To Square One

by Fox Rothschild LLP on

Well, it finally happened. A Texas federal judge struck down the Obama Administration’s proposed changes to the FLSA overtime regulations, which would have made millions of more people eligible for overtime. The Court’s...more

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

by Ward and Smith, P.A. on

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more

DOL’s Overtime Rule Invalidated

by Reed Smith on

Recently, a Texas federal judge struck down an Obama administration Department of Labor rule that doubled the salary employees must make to be considered exempt from overtime pay. The rule’s invalidation should provide...more

Monopoly Money or the Real Deal? Exploring the Possibility of Paying Employees in Bitcoin

by Foley & Lardner LLP on

Bitcoin, the most popular form of digital or crypto-currency, is gaining traction as an investment vehicle and a way to pay for goods and services. More than 100,000 merchants worldwide now accept Bitcoin, allowing consumers...more

BREAKING: It’s Over! USDOL’s Overtime Appeal Is Dismissed

Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more

A Real Life Texas Hold'em: DOL Overtime Rule Struck Down by Texas Federal Court

by Clark Hill PLC on

On August 31, 2017, a federal district court in Texas issued its final ruling in State of Nevada v. United States Department of Labor that invalidated the Department of Labor's ("DOL") white collar exemption overtime rule....more

Texas Court Strikes Down DOL’s Amended Overtime Regulations

by Morgan Lewis on

The order invalidates the US Department of Labor’s revisions to the Fair Labor Standards Act regulations for the executive, administrative, and professional overtime exemptions....more

Federal District Court Invalidates The DOL's Overtime Rules

by Tonkon Torp LLP on

A federal judge in Texas issued an order on August 31, 2017, invalidating the Final Rule to the so-called "White Collar Exemptions" promulgated by the United States Department of Labor (DOL). Under the Final Rule, the...more

Employers Receive Important Overtime Law News Just Before Labor Day

Short of a successful (but highly unlikely) appeal, the Obama-era overtime rule is now officially no longer. That rule would have required employers to pay employees a little more than $47,000 annually to qualify under one of...more

Employer Victory: Federal Judge Invalidates 2016 Overtime Regulations

On August 31, 2017, a federal judge in Texas invalidated highly controversial proposed revisions to federal overtime regulations that were supposed to go into effect on December 1, 2016. The same judge previously had issued a...more

Exempt or Non-Exempt Employee Under U.S. Law? Even U.S. Employers Frequently Get it Wrong

by Dorsey & Whitney LLP on

In the United States, employers are required to pay employees overtime (1.5 times the employee’s hourly rate) for hours worked over 40 per week. In some states, such as California, employers are required to pay overtime if...more

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