News & Analysis as of

Wage and Hour Salaried Employees

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects Challenge to Labor Department's Use of FLSA Salary Test

Employers have been following legal challenges to the U.S. Department of Labor’s second round of increases to the minimum salary that must be paid to meet the requirements of the Fair Labor Standards Act’s white collar...more

Bradley Arant Boult Cummings LLP

Chevron Is Dead, but the Department of Labor Still Has Some Gas! 5th Circuit Upholds DOL Salary Requirement

What about those salary thresholds for white-collar employees? Although they have been challenged, they are alive and kicking. Last week, the United States Court of Appeals for the Fifth Circuit affirmed that the Department...more

Polsinelli

The Fifth Circuit Confirms the DOL’s Authority to Use Salary Basis Test for FLSA Overtime Exemptions

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On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit in Mayfield v. U.S. Department of Labor confirmed that the United States Department of Labor (“DOL”) has the authority to use a salary basis to define its...more

FordHarrison

Fifth Circuit Affirms DOL's Authority to Set Salary Thresholds For FLSA Exemptions

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Real World Impact: On September 11, 2024, in Mayfield v. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL) authority to set minimum salary thresholds for overtime...more

Seyfarth Shaw LLP

Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority

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Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid...more

TRU Staffing Partners, Inc.

Eye on Privacy August Shows Slow Full-Time Hiring Speed, Abundant Contractor Opportunities

On August’s Eye on Privacy webinar, TRU Staffing Partners’ Founder and CEO Jared Coseglia was joined by guest host Robin Andruss, Chief Privacy Officer of Skyflow....more

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

Fifth Circuit Upholds DOL’s Minimum Salary Requirement for FLSA White-Collar Exemptions

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions....more

Littler

What Immigration Changes Can UK Employers Expect from the Labour Government?

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Under the previous UK Home Secretary, James Cleverly, minimum salary thresholds for Skilled Worker visas were raised significantly and the 20% discount for shortage occupations were eliminated....more

Seyfarth Shaw LLP

September 2024 Global Immigration Alert

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Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend...more

Lewitt Hackman

California Increases State Minimum Wage (UPDATED)

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The State of California’s minimum wage is set to increase to $16.50 per hour (an increase of $0.50 from the current minimum wage of $16.00), on January 1, 2025. The state minimum wage will apply to all employers, regardless...more

Fisher Phillips

Reclassifying Employees to Non-Exempt Status? Consider a “Percentage Bonus” to Avoid Costly Overtime Pay Mistakes

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Many employers are planning to reclassify employees to non-exempt status now that the Labor Department is significantly raising the salary threshold for employees to be exempt from overtime pay. You likely know that...more

Robinson & Cole LLP

Legal Update: Massachusetts Enacts Pay-Transparency and Reporting Requirements for Employers

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On July 31, 2024, Massachusetts became the latest state to pass a pay transparency law, titled the “Frances Perkins Workplace Equity Act” (the Act), joining four states and numerous municipalities that have enacted similar...more

Franczek P.C.

Another Cook in the Kitchen: Court Finds Chef is Entitled to Overtime

Franczek P.C. on

Many employers make the mistake of assuming that employees can be treated as exempt so long as they have certain job titles or are paid a salary rather than an hourly wage. That error is especially common in small businesses...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Considers Whether Labor Department Has Authority to Require Minimum Salary for Exemptions

The Department of Labor’s decision to significantly increase the minimum salary required to claim the so-called white-collar exemptions from federal overtime requirements has prompted legal challenges from employers. ...more

Fisher Phillips

Headed to Overtime? 3 Tips to Tackle the Higher Salary Threshold for College Coaches and Athletics Staff

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Colleges and universities are feeling the heat after recent increases to the salary threshold for employees to be exempt from overtime pay under federal wage and hour law. The new rules may have significant implications for...more

Littler

State Laws Complicate Salary Requirements for Exempt Employees

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With the U.S. Department of Labor’s recent increases to the minimum salary or fee amount for certain exempt employees, many employers are reviewing the exemption status of their employees. In doing so, employers should be...more

Benesch

Increased Salary Thresholds for Exempt Employees Under the Fair Labor Standards Act Now Effective

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As we previously reported, the Department of Labor (“DOL”) issued a Final Rule adjusting the minimum annual salary that an employee must be paid to qualify for the executive, administrative, and professional (“EAP”)...more

Fisher Phillips

Overtime Shockwaves: Federal Appeals Court to Decide Fate of Salary Basis Test in Wake of Groundbreaking SCOTUS Decision

Fisher Phillips on

If one Texas employer has its way, we wouldn’t be fighting over whether the Department of Labor has the right to raise the floor of the salary basis test for determining OT exempt status – we’d instead conclude that the...more

Littler

Massachusetts Enacts a New Pay Transparency Law

Littler on

Massachusetts is the latest state to mandate salary transparency in job postings and disclosure of demographic and pay data to the government. On July 31, 2024, Governor Maura Healey signed into law the “Frances Perkins...more

Spilman Thomas & Battle, PLLC

DOL Final Rule Imposed a Series of Increases to Minimum Salary Threshold for Overtime Exemptions

As we reported last fall, the Wage and Hour Division of the Department of Labor (DOL) issued a proposed rule in September 2023 to significantly increase the standard salary level applicable to the overtime exemption for...more

Pullman & Comley - Labor, Employment and...

Important Wage Alert Regarding the DOL’s Final Rule Increasing the Salary Level for the Executive, Administrative and Professional...

Effective July 1, 2024, the U.S. Department of Labor’s new overtime rule took effect throughout the country, except in the state of Texas (where due to ongoing litigation, Texas employees that are employed by the state of...more

Bricker Graydon LLP

DOL Overtime Rules and Institutions of Higher Education - Where Are We, What’s Next, and What Can We Do?

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After much nail biting and wondering when to jump the train track, on July 1, 2024, the new overtime thresholds for non-exempt employees went into effect for everyone – outside of Texas. Now the rest of us are subject to the...more

TRU Staffing Partners, Inc.

EDiscovery Trends Show Continued Burnout Despite Strong Hiring

Eye on ESI for July 2024 brought the new trends everyone was waiting for in the ESI marketplace. TRU Founder and CEO Jared Coseglia and ACEDS VP Maribel Rivera discussed the shifts, changes, surprises, and predictions for job...more

K&L Gates LLP

US Department of Labor Announces Final Rule Increasing Salary Thresholds For Overtime Exemptions (Updated)

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UPDATE: On 3 July 2024, the Northern District of Texas preliminarily enjoined the US Federal Trade Commission from implementing and enforcing its Final Rule banning non-competes against the US Chamber of Commerce, the...more

Constangy, Brooks, Smith & Prophete, LLP

Court denies injunction in case involving DOL salary regs

In our most recent bulletin on the new Final Rule increasing salary levels for exempt white-collar employees under the Fair Labor Standards Act, we noted that there was an additional challenge to the new regulations and that...more

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