FLSA - Overtime Exemptions

On May 22, 2024, more than a dozen business groups and a company filed a lawsuit seeking to block the U.S. Department of Labor’s (DOL) new final rule that significantly raises the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemptions and will require em

The U.S. Department of Labor's Final Rule increases the minimum salary requirements for white-collar exemptions from minimum wage and overtime pay under the Fair Labor Standards Act.

On April 23, 2024, the Department of Labor (DOL) announced Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, its final rule increasing compensation thresholds for overtime eligibility.

Executive Summary : On April 23, 2024, the U.S. Department of Labor (DOL) published its long-awaited final rule raising the salary thresholds for certain overtime exemptions under the Fair Labor Standards Act (FLSA). The rule, Defining and Delimiting the Exemptions for Executive, Administrative, Pro

On April 23, 2024, the U.S. Department of Labor (DOL) unveiled a new final rule that will significantly raise the minimum salary threshold to qualify for certain overtime exemptions under the Fair Labor Standards Act (FLSA), changing which employees will be entitled to overtime pay and affecting emp

The U.S. Department of Labor released a final rule on April 23, 2024, raising the salary threshold to qualify for certain overtime exemptions under federal law. Most importantly, it significantly raises the minimum salary threshold for certain “white collar” workers—executives, professionals, and ad

On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule raising the salary thresholds for overtime pay exemptions.

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 Standards Act (FLSA), a federal district court in Texas holds, granting summary ju

On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision— Marcus v. American Contract Bridge League —clarifying and applying the standards for determining whether an employee qualifies for the Fair Labor Standards Act’s (FLSA) administrative exemption, and thus whether t

On August 30, 2023, the U.S. Department of Labor (Department or DOL) issued a Notice of Proposed Rulemaking that would raise the minimum salary floor required to qualify for the overtime exemptions for executive, administrative, and professional (EAP) workers under the Fair Labor Standards Act (FLSA

Executive Summary : Under a new proposed rule from the U.S. Department of Labor (DOL), released on August 30, 2023, more than 3.4 million workers would be newly eligible for overtime pay unless employers pay a much higher salary threshold. Currently, workers who are paid a salary of at least $35,568

On August 30, 2023, the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) that would significantly raise the minimum weekly salary to qualify for one of the Fair Labor Standards Act’s (FLSA) three white-collar exemptions. If the changes go into effect, they would have a

The U.S. Department of Labor (DOL) has issued a new proposed rule to increase the minimum salary requirements for the “white collar” exemptions (executive, administrative, and professional) from minimum wage and overtime pay requirements under the Fair Labor Standards Act (FLSA).

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, administrative, and professional employees. The DOL proposes to substantially incr

The employer must prove the applicability of an exemption from overtime under the Fair Labor Standards Act (FLSA) with “clear and convincing” evidence, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has held, adhering to prior circuit precedent but acknowledging the “clear a

In this episode, Jen discusses why most employees must be treated as “non-exempt,” and paid (among other things) applicable overtime.

The Third Circuit recently highlighted the flexibility afforded to employers when providing fringe benefits to salaried exempt employees. In Higgins v. Bayada Home Health Care Inc. , No. 21-3286, 2023 WL 2518345 (3d Cir. Mar. 15, 2023), the Third Circuit held that employer-provided paid time off (PT

On February 22, 2023, the Supreme Court of the United States ruled that a former oil rig employee who was paid a daily rate that totaled more than $200,000 annually is entitled to overtime pay under the Fair Labor Standards Act (FLSA).

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 white-collar exemptions to the Fair Labor Standards Act (FLSA). Because of this

On October 12, 2022, the Supreme Court held oral argument to address the decision of the U.S. Court of Appeals for the Fifth Circuit in Hewitt v. Helix Energy Sols. Group, Inc. , 15 F.4th 289 (5th Cir. 2021), cert. granted , No. 21-984 (U.S. May 2, 2022), and a corresponding split among the circuit