News & Analysis as of

White-Collar Exemptions

Seyfarth Shaw LLP

Thank You, Next Guidance Please — Everything You Need to Know About the Wage and Hour Division's Latest Guidance on COVID-19 and...

Seyfarth Shaw LLP on

The U.S. Department of Labor’s Wage and Hour Division earlier this week published additional employer guidance regarding compliance with the FLSA during the COVID-19 pandemic (“Guidance”).  ...more

Epstein Becker & Green

Washington’s Revised “White Collar” Overtime Exemption Rules Now in Effect

Epstein Becker & Green on

The times they are a-changin’ and Washington’s rules relating to overtime pay are changing with them. Effective July 1, 2020, the Washington State Department of Labor & Industries (“L&I”) has updated the criteria for workers...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (COVID-19 Catch-Up / Mid-Year Rate Edition)

Littler on

For the past few months, we have been keeping a very safe distance from each other: thousands of miles. However, as more businesses reopen across the country, we realize it is time to come together (virtually) to discuss an...more

Akerman LLP - HR Defense

DOL Changes Rules for Fluctuating Workweek and Retail Establishments

Employers who use the fluctuating workweek method of compensating employees and those who rely on the retail establishment exemption from overtime are both in for some changes. Recently the Department of Labor (DOL) passed...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour

FOCUS ON WAGE & HOUR - DOL Updates Overtime Exemption for Commissioned Retail Workers - The U.S. Department of Labor (DOL) has revised its regulations to simplify the statutory scheme governing whether employees who...more

Littler

DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor Standards Act

Littler on

On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other...more

Epstein Becker & Green

U.S. Department of Labor Allows Employers to Give Bonuses and Other Extra Pay to Fluctuating Workweek Employees

Epstein Becker & Green on

For the second time this week, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has issued a Final Rule involving the overtime provisions of the Fair Labor Standards Act (the “FLSA”). ...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … California Overtime

Epstein Becker & Green on

California law has specific requirements regarding the payment of overtime to employees. An employer’s failure to pay overtime—or failure to pay the correct overtime rate—can result in a litany of unintended Labor Code...more

Fisher Phillips

FLSA Commissioned-Employee 7(i) Exemption - USDOL Clarifications Go Straight to Final

Fisher Phillips on

USDOL’s Wage and Hour Division kicked off the week with an all-in-one maneuver. Approximately a year ago the FLSA’s 7(i) overtime exemption appeared on the regulatory agenda. Without any further notice, USDOL suddenly moved...more

Littler

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

Littler on

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

Robins Kaplan LLP

Financial Daily Dose 5.19.2020 | Top Story: US Markets Surge on Hopes for Covid-19 Vaccine

Robins Kaplan LLP on

Optimism over promising results for a coronavirus vaccine from Moderna helped drive stocks up on Monday after a rough go of it last week....more

Genova Burns LLC

Sleepless Nights Ahead For WalMart’s Overnight Assistant Store Managers After Denial of Class Status

Genova Burns LLC on

On April 24, 2020, the District Court for the District of New Jersey in Sundel Quiles, et al. v. Wal-Mart Stores, Inc., d/b/a Wal-Mart, 2:16-cv-09479 (D.N.J. April 24, 2020) recently considered a motion for class...more

Jackson Lewis P.C.

Fifth Circuit Reverses Course, Concludes That “Day Rate” Pay Method Fails To Satisfy FLSA’s “Salary Basis” Test For Overtime...

Jackson Lewis P.C. on

Upon further reflection, a panel of the U.S. Court of Appeals for the Fifth Circuit has determined that paying an employee a set amount for each day that he works (i.e. on a “day rate” basis) does not satisfy the “salary...more

Cozen O'Connor

It’s Springtime for Wage and Hour Rights: Worker-Friendly Changes to Wage & Overtime Regulations Are Blooming in Colorado

Cozen O'Connor on

In the midst of growing alarm over the coronavirus pandemic and an almost all-consuming focus on public health, workplace and legal developments related to the pandemic, many Colorado employers may have missed the significant...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - April 2020

Seyfarth Shaw LLP on

Department of Labor Issues Regulations on the Families First Coronavirus Response Act (FFCRA). On April 1, the Department of Labor issued final “temporary” regulations interpreting the requirements of the FFCRA. As indicated...more

Stinson LLP

Colorado Employers Face a Bevy of New State Laws

Stinson LLP on

Colorado's legislature has been busy implementing new laws that impact Colorado employers. Employers should review their policies and practices to come into compliance, and plan for future changes to keep pace with the law....more

Epstein Becker & Green

Prospectively Reducing Workweeks for Overtime Exempt Employees – With a Commensurate Reduction in Salary – Does Not Necessarily...

Epstein Becker & Green on

Employers grappling with workplace attendance issues in the wake of the COVID-19 coronavirus may soon face additional challenges resulting from a potential economic downturn. Media stories are already beginning to report on...more

Littler

Significant Changes to Colorado Regulations on Wages and Working Conditions for Private Employers Take Effect March 16

Littler on

Effective March 16, 2020, virtually all private employers in Colorado will be subject to the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics’ new Colorado Overtime and Minimum Pay...more

Littler

Littler Lightbulb: What’s New in Colorado?

Littler on

Colorado has been making headlines with several noteworthy new laws and regulations. This Lightbulb will highlight key recently enacted and pending employment legislation in the Centennial State....more

Conn Kavanaugh

Changes in Employment Laws in Massachusetts

Conn Kavanaugh on

Keeping an eye on changes and trends in employment law is an excellent way for businesses to mitigate risk. Benjamin Franklin famously said, “An ounce of prevention is worth a pound of cure.” This adage rings especially true...more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

FordHarrison on

Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Schnader Harrison Segal & Lewis LLP

New Overtime Pay Regulation in Pennsylvania May Create Obligations for Employers Beyond Federal Requirements

On January 31, 2020, the Pennsylvania Independent Regulatory Review Commission (IRRC) adopted an amendment promulgated by the Pennsylvania Department of Labor and Industry (DLI) to increase the minimum salary required to...more

Seyfarth Shaw LLP

Rockier Time For Many Employers In Colorado Who Will Soon Be Subject To Daily Overtime and Break Rules and Different White-Collar...

Seyfarth Shaw LLP on

Seyfarth Synposis: As of March 16, 2020, Colorado’s daily overtime and meal and rest break requirements for non-exempt employees, as well as its different duties and salary level requirements for exempt employees, will apply...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

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

Pennsylvania May More Than Double the Salary Threshold to Qualify for Overtime Exemptions

On January 31, 2020, the Pennsylvania Independent Regulatory Review Commission approved the Pennsylvania Department of Labor and Industry’s (DLI) amendments to 34 Pa. Code Chapter 231, the regulations that exempt executive,...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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