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Over-Time Wage and Hour Fair Labor Standards Act (FLSA)

Fisher Phillips

The Tech Employer’s Guide to FLSA Exemptions + Your Compliance Action Plan

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Tech employers have a wide range of workers, which increases the risk of misclassifying employees as exempt from overtime pay. Since violations of the Fair Labor Standards Act (FLSA) can result in significant penalties and...more

Ballard Spahr LLP

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers

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During the Biden administration, the U.S. Department of Labor (DOL) issued a final regulation (the “2024 Rule”) seeking to increase the salary threshold for overtime eligibility for the “white-collar” exemption (also referred...more

Troutman Pepper Locke

Changes to Virginia’s Noncompete Statute

Troutman Pepper Locke on

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the...more

Hogan Lovells

Virginia to ban non-competes for non-exempt employees, effective July 1, 2025

Hogan Lovells on

On March 24, 2025, Virginia Governor Glenn Youngkin signed Senate Bill 1218 into law, expanding the Commonwealth’s restrictions on non-competition agreements. Effective July 1, 2025, Virginia employers will be prohibited from...more

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

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

Tips for Staying Legally Compliant in Summertime Hiring

As many employers are hiring summer staff, now is a good time to brush up on new developments in child labor, wage and hour, and workplace safety laws. These legal compliance matters may be particularly relevant to employers...more

Parker Poe Adams & Bernstein LLP

DOL Announces Abandonment of Independent Contractor Rule

In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....more

Franczek P.C.

Department of Labor Signals Rescission of FLSA Exemption Salary Thresholds

Franczek P.C. on

The Trump Administration has signaled it intends to reconsider the previously enjoined 2024 rule that would have increased the minimum salary threshold required for an employee to be exempt from overtime under the Executive,...more

Littler

Sixth Circuit Finds Employee’s Guaranteed Weekly Salary Was Based on Daily Rate, Defeating Exempt Classification

Littler on

Despite an employee’s being highly compensated, the Sixth Circuit reversed a summary judgment order from the district court, finding that even though the pipe inspector was highly compensated, his pay was calculated on a...more

Miles Mediation & Arbitration

Wage Dispute Danger: What Employers Must Keep in Mind

In my 20+ years as a management-side employment lawyer, I used to receive calls about all kinds of workplace situations, but there is one category that still gives me nightmares. “Hi Steve. Long time, no talk. The reason I’m...more

Vedder Price

Sixth Circuit Clarifies Requirements for a Salaried Employee to Be “Paid on a Weekly Basis” Under the FLSA.

Vedder Price on

On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be paid on a “weekly basis” for purposes of the...more

Ice Miller

The Highly Compensated Employee Exemption Under the FLSA - Misclassification of Highly Compensated Employees Can be Costly

Ice Miller on

Classification of employees under the Fair Labor Standards Act (FLSA) remains a high-risk area where employers can easily misstep, potentially incurring thousands of dollars in overtime pay, liquidated damages, attorneys...more

Nelson Mullins Riley & Scarborough LLP

Virginia Expands Law on Non-Compete Covenants

The Virginia Legislature enacted amendments to its existing Non-Compete Act (the “Act”) on March 24. The amendments will broaden the categories of employees who cannot be subject to non-competition covenants by including any...more

Fisher Phillips

4 Tips for Employers After Appeals Court Says Highly Compensated Employee is Entitled to OT Pay

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An appeals court just ruled that a pipe inspector who earned more than $270,000 a year was entitled to overtime pay because he was not paid on a “salary basis.” In its April 1 decision, the 6th Circuit joined the 5th Circuit...more

Constangy, Brooks, Smith & Prophete, LLP

Paid $270,400 per year and still owed overtime? Another court says yes.

On April 1, a U.S. appeals court showed that the salary basis requirement is alive and well, regardless of how highly compensated an employee might be. The decision is a reminder to businesses that simply paying a guaranteed...more

Paul Hastings LLP

Virginia Expands Noncompete Ban for Low-Wage Employees

Paul Hastings LLP on

Virginia has expanded its limited prohibitions on the use of noncompetition agreements for “low-wage employees,” which have been in place since 2020. On March 24, 2025, Virginia Gov. Glenn Youngkin signed Virginia Senate...more

Offit Kurman

Keeping Up with Exemption Threshold Regulations

Offit Kurman on

Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman on this week's episode of OK at Work as they delve into the intricacies of the salary basis test for overtime exemptions under the FLSA. They discuss the...more

Dentons

Navigating Wage and Hour Challenges

Dentons on

Healthcare entities have faced increasing pressure from the Department of Labor regarding wage and hour issues. Some of this is a hangover from COVID and the long hours many healthcare workers endured trying to meet the needs...more

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath. Three wage and hour dangers you may never see coming.

On January 19, a federal district court in Arkansas paved the way for a jury to decide whether 2,000 employees were entitled to recover unpaid overtime for all weeks in which they worked more than 40 hours, while having...more

Jackson Lewis P.C.

Georgia Bill Introduced to Not Tax Overtime Compensation: 4 Employer Considerations

Jackson Lewis P.C. on

A bill introduced in the Georgia state legislature, if passed, would exclude overtime compensation from Georgia state income taxes starting in 2026. House Bill 375 (H.B. 375), introduced on Feb. 11, 2025, would exclude from...more

Jackson Lewis P.C.

A Mixed Bag for Michigan Employers: Legislature Accelerates Minimum Wage Increases but Saves the Tip Credit

Jackson Lewis P.C. on

The Michigan legislature amended the state’s Wage Act on Feb. 20, 2025, in a compromise measure that accelerated the schedule of minimum wage increases but staved off a complete phaseout of the tip credit for workers who...more

Husch Blackwell LLP

Seventh Circuit Clarifies Standards for Proving Hours Worked in FLSA Overtime Claims

Husch Blackwell LLP on

The Seventh Circuit recently issued a significant decision in Osborn v. JAB Management Services, Inc., 126 F.4th 1250 (2025), affirming summary judgment in favor of the employer in an overtime compensation dispute under the...more

Proskauer - Law and the Workplace

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Declines Reconsideration of FLSA Salary Rule Decision

Last year in a rare victory for the Department of Labor, the Fifth Circuit Court of Appeals rejected a claim by a Dairy Queen franchisee that the Fair Labor Standards Act prohibits DOL from establishing any minimum salary for...more

Venable LLP

Supreme Court Clarifies Burden of Proof for FLSA Exemptions

Venable LLP on

On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA"). ...more

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