News & Analysis as of

Wage and Hour EAP

Constangy, Brooks, Smith & Prophete, LLP

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the...more

Jackson Lewis P.C.

Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the...more

Husch Blackwell LLP

Fifth Circuit Concludes FLSA 2019 Minimum Salary Rule Falls Within Department of Labor's Authority

Husch Blackwell LLP on

We previously wrote about the U.S. Department of Labor’s 2024 overtime rule that raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA). We explained that this rule was bound to face legal...more

Jackson Lewis P.C.

DOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral Argument

Jackson Lewis P.C. on

A Fifth Circuit panel heard oral argument on Wednesday, August 7, on whether Department of Labor (DOL) regulations imposing a salary requirement to satisfy the executive, administrative and professional exemptions is valid....more

Constangy, Brooks, Smith & Prophete, LLP

Court blocks new FLSA salary thresholds... but only for State of Texas employees

There was good news and bad news on Friday from one of the lawsuits challenging the U.S. Department of Labor’s regulation increasing the salary threshold for the so-called white-collar exemptions to the overtime requirements...more

Proskauer - Law and the Workplace

District Court Grants Injunction of 2024 Overtime Rule Limited to State of Texas as Employer

On Friday, June 24, 2024, the business day before the Biden Department of Labor’s new overtime rule was scheduled to take effect, a federal district judge granted the State of Texas’s motion for a preliminary injunction to...more

Jackson Lewis P.C.

Legal Challenges Mount to DOL Rule Raising Salary Threshold for Exempt Employees

Jackson Lewis P.C. on

The U.S. Department of Labor’s Final Rule raising the minimum salary level requirements for application of the Fair Labor Standards Act (FLSA) “white collar” exemptions is scheduled to take effect July 1, 2024. Lawsuits,...more

Proskauer - Law and the Workplace

DOL Releases Updated Overtime Rule

The DOL released its updated federal overtime rule on April 23, 2024. With limited exceptions, the rule increases the minimum salary for exemption as executive, administrative, or professional (“EAP”) employee from $684 per...more

Jackson Lewis P.C.

DOL Aims for April 2024 Release of White-Collar Exemption Final Rule

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) unveiled its semi-annual regulatory agenda on December 6, 2023, which sets an April 2024 date for release of the agency’s anticipated final rule amending the regulations defining the “white...more

Jackson Lewis P.C.

Federal Court Upholds DOL’s Authority to Set Minimum-Salary Test for White-Collar Exemption

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor...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

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

Gould + Ratner LLP on

The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

Proskauer - Law and the Workplace

SCOTUS:  Daily Rate Doesn’t Satisfy FLSA’s Salary Basis Test for Exemption, Even If It’s Huge!

It’s always exciting when the Supreme Court takes up a wage and hour issue—at least for us. Earlier this week, in Helix Energy Solutions Group, Inc. v. Hewitt, the court tackled the question of whether a daily rate can...more

Jackson Lewis P.C.

Labor Secretary Walsh Expected to Leave DOL for NHL

Jackson Lewis P.C. on

Although not yet officially announced, Secretary of Labor Marty Walsh is expected to leave the Biden Administration soon, to become the Executive Director of the National Hockey League (NHL) Players Association. Secretary...more

Proskauer - Law and the Workplace

An Updated Federal Overtime Rule:  When’s It Coming?

Twice a year (in the spring and the fall), each federal agency publishes a “Regulatory Agenda” that discloses the proposal and final rules it has recently issued, together with those that it plans to issue. Back in the fall...more

Ballard Spahr LLP

PA’s Long-Awaited Overtime Rule Change Takes Effect

Ballard Spahr LLP on

After a lengthy regulatory process, Pennsylvania’s revised overtime regulations finally took effect on October 3, 2020, when published in final form. As we shared in 2018 when the regulations were initially proposed, the new...more

Poyner Spruill LLP

Increase in Minimum Salary Threshold for FLSA EAP Exemptions

Poyner Spruill LLP on

Effective January 1, 2020, the minimum salary threshold for the executive, administrative, and professional exemptions (EAP exemptions) under the Fair Labor Standards Act (FLSA) will increase from $455 a week ($23,660...more

Epstein Becker & Green

The New DOL Overtime Rule Presents Challenges That Employers Must Address Swiftly

Epstein Becker & Green on

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued its highly anticipated final rule regarding amendments to the overtime exemption criteria for the administrative, executive, and professional (“EAP”)...more

Cozen O'Connor

DOL Announces Increased Salary Levels for White Collar Overtime Exemptions

Cozen O'Connor on

On Tuesday, September 24, 2019, the U.S. Department of Labor released its much anticipated update to the regulations setting the thresholds for the executive, administrative, and professional (EAP) employee overtime...more

Hinshaw & Culbertson LLP

Obama Administration’s Overtime Rule Invalidated: Employment Law Observer

A federal judge from Texas struck down the Obama administration’s overtime rule, finding the salary-level test set forth by the Department of Labor did not account for an analysis of an employee’s job duties for purposes of...more

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