FLSA - Overtime Exemptions

When two lawsuits were filed in Texas seeking to block the Department of Labor’s new overtime rule, which more than doubles the required salary level to qualify for the Fair Labor Standards Act “white collar” exemptions, few predicted the lawsuits would be successful. But the polls were wrong (again

Executive Summary: Employers do not have to make changes to comply with the Department of Labor’s (DOL’s) new overtime regulations by the December 1, 2016 deadline. In a surprising decision, a federal District Court in Texas issued an injunction halting the implementation of the new overtime rules n

Earlier today, Judge Mazzant of Eastern District of Texas issued an order granting the request of 20 states for a nationwide preliminary injunction blocking the Obama administration's new rule raising the minimum salary for the FLSA white collar overtime exemptions to over $47,000.

In a surprising decision, late Tuesday afternoon a U.S. District Court in Texas granted a nationwide preliminary injunction against implementation of the U.S. Department of Labor’s (DOL) new overtime pay regulations until further order of the court. The regulations were scheduled to go into effect o

On November 22, 2016, at the request of 22 states and 55 business groups that brought suit as plaintiffs,1 the United States District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor's new rule re-defining which employees are exempt from t

Minimum-wage-related actions in 2016 will create challenges for employers starting in 2017. Although 2016 was not necessarily a record year for passage of state minimum wage laws in general, it did break ground concerning the number of tiered and/or regional minimum wage laws enacted. This year was

For more than three hours on November 16, 2016, Obama-appointed Judge Amos L. Mazzant, III, of the U.S. District Court for the Eastern District of Texas – Sherman Division, heard oral argument on the preliminary injunction to block enforcement of the Final Rule. The court peppered both sides with pr

Many employers have asked about the potential impact of the election of Donald Trump on the status of the new overtime pay regulations under the Fair Labor Standards Act (FLSA), which essentially double the minimum salary for most white-collar exemptions to $913 per week (equal to $47,476 annually).

The U.S. Department of Labor regulations raising the required salary level for the white collar exemptions (executive, administrative, and professional) under the Fair Labor Standards Act are scheduled to become effective December 1, 2016.

Is your organization ready for this change or are you in panic mode? In this podcast you will hear from Littler principal Tammy McCutchen who has been closely monitoring these developments and served as the Department of Labor wage and hour administrator the last time the overtime regulations were r

As employers know, the final rule updating the federal overtime regulations was published in May 2016 and is scheduled to take effect December 1, 2016.

Twenty-one states, led by Texas and Nevada, have filed a lawsuit against the Department of Labor seeking a preliminary and permanent injunction declaring unlawful the DOL’s Final Rule amending the overtime exemption for executive, administrative, and professional employees (the “white collar” exempt

A group of Democratic lawmakers (yes, you read that right) have introduced legislation aimed at easing the sting of the new federal overtime exemption regulations that currently are slated to take effect December 1, 2016.

On June 30, 2016, President Obama signed the Puerto Rico Oversight, Management, and Economic Stability Act (S. 2328), commonly known as “PROMESA.” This measure, which was enacted with bipartisan support, effectively delays application of the U.S. Department of Labor's (DOL) new overtime rule to empl

The U.S. Department of Labor’s new Final Rule as to the Fair Labor Standards Act’s “white collar” exemptions to overtime could open employers up to class action liability as previously exempt employees fail to meet new salary requirements.

The U.S. Department of Labor (DOL) published the final rule revising the “white collar” overtime exemption regulations on May 18, 2016. This publication was the result of a process that began in March 2014 when President Obama directed the Secretary of Labor to review and “modernize” the current ove

On the same day the U.S. Department of Labor released its Final Rule updating regulations under the Fair Labor Standards Act (“FLSA”) governing overtime exemptions for executive, administrative, and professional employees (commonly known as the “white collar exemptions” or “EAP exemptions”), a bill

On May 18, 2016, the U.S. Department of Labor published its Final Rule updating the Fair Labor Standards Act (“FLSA”) overtime regulations regarding the executive, administrative and professional exemptions (the “FLSA White Collar Exemptions”). The Final Rule does not make any changes to the outside

After more than two years of publicity and tremendous speculation surrounding what the new overtime regulations of the Fair Labor Standards Act ("FLSA") would look like after President Obama directed the Secretary of Labor to "modernize and streamline" them, the final version of the rule is finally

Earlier this week, in a matter of first impression within the Second Circuit, Judge P. Kevin Castel of the Southern District of New York held that employees who teach English as a second language (“ESL”) at a privately-owned ESL learning center qualify for the professional exemption under the FLSA a