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Over-Time Retailers Fair Labor Standards Act (FLSA)

Clark Hill PLC

The Learned Concierge - November 2023, Vol. 2

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The Learned Concierge Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Littler

DOL Opens the Door for Staffing Firms to Exempt Workers from Overtime as “Retail or Service Establishments”

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On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).  Prior to May...more

Fox Rothschild LLP

USDOL Revises FLSA Section 7(i) Retail Commission Exemption: Long Overdue And Very Welcome!

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I have handled a number of cases involving Section 7(i) of the Fair Labor Standards Act (“FLSA”) which provides an exemption from overtime for commissioned employees working for a so-called retail/service establishment. One...more

Fisher Phillips

FLSA Commissioned-Employee Exemption Clarifications: Retailers, It’s Time For A Checkup

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The Department of Labor’s Wage and Hour Division deftly tackled decades of confusion regarding which establishments might have employees meeting the FLSA’s 7(i) overtime exemption for certain commission-paid employees. Even...more

Orrick - Employment Law and Litigation

Catching Up with the Times: DOL Issues Final Rule Simplifying Retail Exemption Under the FLSA

As we recently reported, the DOL promulgated three new final rules regarding wage and hour issues last month. One of these rules brings a much-needed dose of clarity for certain employers on an unusually thorny issue: what...more

Sherman & Howard L.L.C.

DOL Creates New Streamlined Standard For Retail And Service Employee Overtime Exemption

The U.S. Department of Labor (DOL) has simplified the overtime exemption for commission-based workers in retail and service industries. Under the Fair Labor Standards Act (FLSA), some employees in retail and service...more

DirectEmployers Association

OFCCP Week In Review: May 2020 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Mintz - Employment Viewpoints

DOL Withdraws FLSA Inside Sales Exemption Lists

The U.S. Department of Labor (“DOL”) issued a new final rule on May 19, 2020 recasting the Fair Labor Standard Act’s (“FLSA”) inside sales exemption, Section 7(i). This new rule – which took effect immediately – repeals two...more

Proskauer - Law and the Workplace

Wage and Hour Division Modifies Rules For FLSA’s Retail Sales Exemption

On May 19, 2020, the United States Department of Labor’s Wage and Hour Division (WHD) implemented a final rule withdrawing partial lists of establishments that it previously interpreted as either having “no retail concept” or...more

Littler

DOL Revised Section 7(i) Exemption Regulations: Is Your Company a Retail or Service Establishment?

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Does an employer’s business qualify as a “retail or service establishment” for the purpose of satisfying the exemption requirements of section 207(i) of the federal Fair Labor Standards Act?  The answer to this question might...more

Constangy, Brooks, Smith & Prophete, LLP

The New Overtime Rule: What Retail Employers Need To Know

As most employers now know, the U.S. Department of Labor will be raising the salary thresholds that apply to most of the “white-collar” overtime exemptions effective January 1. The higher thresholds will apply primarily to...more

Parker Poe Adams & Bernstein LLP

Employers Consider Switching Exempt Employees to Non-Exempt to Avoid Legal Risks

Over the past decade, EmployNews has chronicled waves of class and collective action litigation based on claims that employees have been misclassified as exempt from the overtime requirements of the Fair Labor Standards Act....more

Littler

DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives

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The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). ...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Fox Rothschild LLP

Another USDOL Audit Of Gas Stations Yields Big Dollars For Employees

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There have been many investigations of gas stations by the US Department of Labor. Like other retail industries, these businesses sometimes work their employees long hours for a set salary or lump sum of money. The problem is...more

Holland & Knight LLP

Food and Beverage Law Update: August 2016

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When food and beverage companies think of their largest risks, data breaches have not historically come to mind, but this is changing because of reports in the past few months of major breaches by companies such as Noodles &...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Retail and Hospitality Employers Grapple With the DOL's Final FLSA Part 541 Regulations

For over a year, retail and hospitality employers have been anxiously awaiting the issuance of the U.S. Department of Labor’s (DOL) final overtime regulations—regulations which many had predicted would impact retail and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Retailers Share Struggles and Strategies in Preparing for Overtime Changes

The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21–22,...more

Seyfarth Shaw LLP

Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager...

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Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously...more

Foley & Lardner LLP

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

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Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

Seyfarth Shaw LLP

How Retailers Can Navigate the New White-Collar Overtime Rules: Turning Legal Change Into Business Opportunity

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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—and especially the retail workplace—as much as any legal development in the past decade. ...more

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