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White-Collar Exemptions Corporate Counsel

Fisher Phillips

Overtime Rule Clears Major Hurdle in Advance of January 1 Effective Date: Key Steps for Employers

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In a major win for the Department of Labor, a federal appeals court just ruled that the agency has the power to set a salary basis floor in order for workers to be considered exempt from overtime pay. Yesterday’s ruling from...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

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

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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

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Fisher Phillips

How Does the New Overtime Rule Impact Highly Compensated Employees? 5 Answers for Employers

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Many employers are scrambling to comply with the Labor Department’s new salary threshold for employees who are exempt from overtime pay under the white-collar exemptions. As the July 1 deadline for phase one rapidly...more

Seyfarth Shaw LLP

Ripples in the OT Waters: Considering the Downstream Effects of Reclassifying Exempt Employees

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Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive,...more

Epstein Becker & Green

DOL Offering Webinars on Final Overtime Rule

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As we have previously addressed, the U. S. Department of Labor (DOL) has issued its final rule raising salary thresholds for overtime exemptions under the federal Fair Labor Standards Act (FLSA) effective January 1, 2025. ...more

Littler

Temperatures May Decrease, but U.S. Minimum Wage, Tip, and Exempt Employee Pay Will Increase on January 1, 2024 in Parts of the...

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It’s time again for a look at scheduled state- and local-level wage increases that will take effect on January 1, 2024, along with some rate changes that occurred in late 2023 before publication. Employers can use this...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Littler

DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions

Littler on

On August 30, 2023, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations applicable to executive,...more

Seyfarth Shaw LLP

New York to Increase Wage Protections for Executive, Administrative, and Professional Employees

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Seyfarth Synopsis:  The New York State Legislature has passed a bill that increases the earnings threshold for executive, administrative, and professional employees to file a complaint with the New York Department of Labor...more

Seyfarth Shaw LLP

The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL...

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Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection...more

Littler

Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

Littler on

On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the...more

Parker Poe Adams & Bernstein LLP

Supreme Court Case on Highly Compensated Employees Will Test Limits of FLSA Salary Test

Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more

Littler

After the Ball Drops, Wages Rise: Minimum Wage, Tipped and Exempt Employee Pay Increases on January 1, 2023

Littler on

Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we summarize scheduled state- and...more

Littler

Spring Regulatory Agenda Provides Roadmap to Anticipated Federal Rulemaking

Littler on

On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions.  These semi-annual regulatory agendas outline federal agency goals for the months ahead. Although the...more

Seyfarth Shaw LLP

October Surprise? DOL Proposal for Exempt Status Minimum Salary Hike Could be Coming 10/2022

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the...more

Holland & Knight LLP

En Banc Fifth Circuit Holds Highly Paid Rig Worker Not Covered by FLSA Overtime Exemption

Holland & Knight LLP on

In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more

FordHarrison

Second Circuit Panel Adopts Seemingly Heightened Pleading Standard for Willfulness in FLSA Overtime Cases

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Executive Summary: On April 27, 2021, a sharply divided panel of the U.S. Court of Appeals for the Second Circuit, covering New York, Vermont, and Connecticut, held that in Fair Labor Standards Act Overtime cases (FLSA), to...more

Akerman LLP - HR Defense

California’s Sweeping Expansion of Employment Laws

California has enacted a host of new laws impacting family and medical leave, coronavirus reporting obligations, workers compensation, pay gap data, worker classifications, and more. Here are the highlights, including when...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

McDermott Will & Emery

Top 10 Things to Know About the New FLSA Overtime Calculations

Beginning January 15, 2020, new, more employer-friendly regulations determine how overtime pay is calculated under the Fair Labor Standards Act....more

Littler

Littler Lightbulb: Shining a Light on Key Issues as we Leap into 2020

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The start of a new year always brings a fresh batch of employment concerns. While some workplace issues are evergreen, 2020 will present some unique challenges for employers. This Littler Lightbulb highlights some significant...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

Epstein Becker & Green

Time Is Running Out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

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As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”)  are set to go into effect on January 1, 2020. That deadline is sneaking up fast....more

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