Federal Employment Law Articles

FLSA - Overtime Exemptions

Articles Discussing Overtime Exemptions Under The FLSA.

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Supreme Court Questions Whether Highly Compensated Oil Rig Worker Is Overtime Exempt

Ogletree Deakins·

On October 12, 2022, the Supreme Court of the United States heard oral arguments in a case regarding whether an oil rig worker who performed supervisory duties and was paid more than $200,000 per year on a day rate basis is exempt from the overtime requirements of the Fair Labor

Store Sampler Representatives Are Exempt Outside Salespersons, First Circuit Holds

Jackson Lewis P.C.·

Who doesn’t like free samples when shopping? But are the representatives providing those samples actually “selling” them so that they are exempt from overtime under the Fair Labor Standards Act (FLSA) as outside salespersons?

Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status

Ogletree Deakins·

The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly debated issue in recent years, especially in the Fifth Circuit Court

DOL Provides Insight Into the FLSA’s ‘Retail or Service Establishment’ Exemption, Opening the Door for Broader Application

Ogletree Deakins·

On August 31, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued four opinion letters, one of which, Opinion Letter FLSA2020-11 , addressed whether certain employees in the oilfield services industry were exempt from the overtime requirements of the Fair Labor Standards Ac

The 60-Day Countdown to Compliance

Littler·

The U.S. Department of Labor's Final Rule changing the "white collar" overtime requirements takes effect January 1, 2020. What’s your plan to be in compliance by the deadline? Do you want to make changes but need more guidance? Will you be dealing with overtime compliance while juggling open enrollm

Happy New Year! – Prepare to Track Time of More Employees or Increase Salaries

Jones Walker LLP·

As explained in “It’s About Time: New Overtime Rule Effective January 1, 2020,” the US Department of Labor finally released its highly anticipated changes to the overtime provisions of the Fair Labor Standards Act (FLSA). This rule, which goes into effect on January 1, 2020, will make more employees

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (September Edition)

Littler·

You don't need to be an Earth, Wind, and Fire fan to realize September had all the elements necessary to make for a memorable month of developments concerning the minimum wage, tips, and overtime.

It’s About Time: New Overtime Rule Effective January 1, 2020

Jones Walker LLP·

Earlier this week, the US Department of Labor (DOL) finally released its highly anticipated changes to the overtime provisions of the Fair Labor Standards Act (FLSA).

Minimum Salary For Federal Overtime Exemption Is Increasing January 1, 2020

CDF Labor Law LLP·

Today, the United States Department of Labor issued its final rule increasing the minimum salary for a worker to be exempt from overtime compensation under the Fair Labor Standards Act (“FLSA”), effective January 1, 2020.

DOL Finalizes and Issues New Overtime Rule, Sets Minimum Annual Salary at $35,568

Jackson Lewis P.C.·

The U.S. Department of Labor (DOL) has issued a new Final Rule updating the minimum salary requirements for the “white collar” (executive, administrative, and professional) overtime exemptions. The new rule goes into effect on January 1, 2020.

Important News for Employers: Salary Increase for Overtime Exemption

Maynard Nexsen·

On Tuesday of this week, the U.S. Department of Labor announced the final version of its overtime exemption rule, raising the annual salary threshold workers need to meet to qualify for the “white collar” exemptions under the Fair Labor Standards Act to $35,568, or $684 per week. The final rule upda

The Final Rule on Overtime is Finally Here: Minimum Salary Level for Exemption Increased to $35,568 Effective January 1, 2020

Littler·

The U.S. Department of Labor unveiled its long-awaited final rule on the overtime “white collar” exemptions on September 24, 2019. The regulations, at 20 CFR Part 541, were last updated in 2004, when the DOL increased the minimum salary level for exemption from $150 to $455 per week and made changes

The DOL’s New Overtime Rule and What it Means for U.S. Employers

Littler·

On Tuesday, September 24, 2019, the Department of Labor published its Final Rule to the "white collar" overtime exemptions which goes into effect on January 1, 2020. With only 99 days until January 1, overtime compliance is now on the clock.

DOL Reveals Long-Awaited Final Rule Governing Overtime Exemptions

FordHarrison·

Today, the U.S. Department of Labor (“DOL”) announced its Final Rule updating the salary thresholds for the executive, administrative, and professional exemptions, as well as the highly compensated employees exemption, under the Fair Labor Standards Act (“FLSA”).

Day Rate Satisfies FLSA’s Highly Compensated Employee Salary Requirement, Fifth Circuit Rules

Jackson Lewis P.C.·

Paying an employee a day rate of $1,000 per day satisfies the salary basis test for purposes of the overtime exemption applicable to a “highly compensated employee” (HCE) under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Fifth Circuit has ruled (2-1). Faludi v. U.S. Shale

Fifth Circuit Confirms that a Day Rate Can Meet the Salary Requirements under the FLSA’s White Collar Overtime Exemptions

Littler·

On August 21, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Faludi v. U.S. Shale Solutions, L.L.C. that may prove to be an important decision for companies that utilize day rate compensation.1 The decision settled two important issues, concluding that: (1) a guaranteed d

DOL to Publish “White Collar” Exemption Proposed Rule, Triggering 60-Day Comment Period

Littler·

On March 22, 2019, the DOL’s Wage and Hour Division will publish in the Federal Register its proposed rule to revise the overtime exemption regulations for executive, administrative, professional, outside sales and computer employees.

DOL Proposes New Revisions to Overtime Exemption Rules

FordHarrison·

Executive Summary: The U.S. Department of Labor (DOL) recently issued its proposed overtime regulations to replace the Obama administration’s (enjoined) overtime rule. The DOL raised the minimum salary threshold requirement for workers to qualify for the Fair Labor Standards Act’s white collar exemp

DOL’s Proposed Overtime Regulations: A ComplianceHR and Littler Briefing

Littler·

On March 7, 2019, the Wage and Hour Division of the U.S. Department of Labor published the long-awaited Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations to $35,308. Issued under the Fair Labor Standards Act, these regulations implement exemptions from

DOL Proposes New Rule Raising the Salary Threshold for White-Collar Overtime Exemptions

Maynard Nexsen·

Last week, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would raise the minimum salary threshold required for workers to qualify for the overtime exemptions for executive, administrative and professional workers under the Fair Labor Standards Act (FLSA). The proposa