News & Analysis as of

Wage and Hour Exemptions

Bricker Graydon LLP

[Ongoing Program] Session 3: Play Offense, Not Defense: Complying with Title IX in an Ever-Changing Environment - October 1st,...

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The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 2: The Current Landscape of Student-Athlete Compensation - September 24th, 12:00 pm - 1:00 pm ET

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The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 1: The New Department of Labor Overtime Exemption Rule: What Your Athletics Department Needs to Know for...

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The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

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

Supreme Court of California Upholds Law Classifying App-Based Drivers as Independent Contractors

On July 25, 2024, the Supreme Court of California upheld a state law permitting ride-sharing apps to continue classifying their drivers as independent contractors, rather than employees. ...more

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

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The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Foley & Lardner LLP

The Department of Labor Rule Establishing Changes to Overtime Exemptions Is Now in Effect: What Steps Employers Immediately Need...

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Employers have been required since August 20, 2023, when the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking, to increase the minimum salary amount required to be paid to qualify for what is known as...more

Sheppard Mullin Richter & Hampton LLP

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). Depending on the outcome, the high court’s decision could make it far...more

Proskauer - Law and the Workplace

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...more

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

California Clarifies Fast Food Minimum Wage Law Taking Effect April 1; Governor OKs Stadium, Airport Worker Exemption

With California’s new $20-per-hour minimum wage for fast food workers set to take effect on April 1, 2024, the California Department of Industrial Relations (DIR) has updated its guidance regarding the new minimum wage law’s...more

Jackson Lewis P.C.

Governor Signs Bill to Exempt Certain Businesses from Fast Food Minimum Wage

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On March 26, 2024, Governor Newsom signed Assembly Bill (AB) 610, which amends the definition of “fast food restaurant” to exempt restaurants in airports, hotels, event centers, theme parks, museums, and certain other...more

Ius Laboris

‘Standing orders’ in Karnataka State, India

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Since 2014, the state government of Karnataka has exempted companies operating in the IT, animation, gaming, computer graphics, telecom and certain other specified knowledge-based industries from the requirements of ‘standing...more

Fox Rothschild LLP

What Is A “Live-In" Nanny For The FLSA Domestic Exemption? First Step-She Has To Live In The House

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There are many exemptions under the Fair Labor Standards Act and an interesting one, one that does not get a lot of attention or “play” is the domestic worker exemption. This exemption applies to someone who works for...more

Bradley Arant Boult Cummings LLP

This Ain’t My Home, Now Pay Up: 11th Circuit Reverses on FLSA’s Live-In Service Worker Exemption

Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th...more

Fox Rothschild LLP

Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?

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In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards Act case, especially an overtime case, that...more

Jackson Lewis P.C.

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

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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

Barnea Jaffa Lande & Co.

Doing Businesses in Israel: Obligations for Social Security

Entrepreneurs and businesspersons interested in operating businesses in the State of Israel must be aware of the obligations imposed on them as self-employed dealers and employers, and cope with a variety of obligations to...more

Foley Hoag LLP

U.S. Department of Labor’s Proposed Rule Could Make Millions of Employees Overtime-Eligible

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On August 30, 2023, the DOL announced a new proposed rule making changes to the FLSA’s so-called white-collar and highly compensated employee exemptions, increasing the salary threshold that employees must meet to qualify for...more

Weintraub Tobin

California Employment News: Professional and Administrative Pay Exemptions

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Two of the most common pay exemptions from federal and state overtime, meal and rest break, and minimum wage laws are the Professional and Administrative exemptions. Meagan Bainbridge and Lukas Clary detail how these two...more

Weintraub Tobin

Podcast: California Employment News - Professional and Administrative Pay Exemptions

Weintraub Tobin on

Two of the most common pay exemptions from federal and state overtime, meal and rest break, and minimum wage laws are the Professional and Administrative exemptions. Meagan Bainbridge and Lukas Clary detail how these two...more

Conn Kavanaugh

Gazing Into the Employment Law Crystal Ball: Artificial Intelligence, Pay Transparency, and Overtime Rule Changes

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The employment law landscape can shift quickly to keep up with our rapidly evolving world of work.  You can be better prepared by anticipating changes that could impact your business.  Below are three areas in which legal...more

Constangy, Brooks, Smith & Prophete, LLP

Minor League Baseball players agree to expanded FLSA exemption in new contract

Will Congress go for it? On April 3, Major League Baseball and the MLB Players Association agreed to the first-ever collective bargaining agreement covering minor league baseball players. As I previously discussed, this...more

Fox Rothschild LLP

Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?

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For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate. For the exemption to apply, the worker had to be working away from the...more

Ervin Cohen & Jessup LLP

Court Rules Outside Salesperson Exemption Turns on Employer Control

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more

Littler

Employment measures against inflation in France and in the UK

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In response to rising inflation, the French and UK governments have instituted various measures that affect employers. - France - During the presidential campaign, Macron’s Government promised to increase purchasing...more

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