FLSA - Overtime Exemptions

On May 18, 2016, the U.S. Department of Labor (DOL) issued its final rule on changes to four exemptions to the overtime pay requirement of the Fair Labor Standards Act (FLSA): the executive, administrative, and professional (EAP) exemptions and the highly compensated employee exemption.

Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-Tenn.) has announced that he will soon introduce a Congressional Review Act resolution to block implementation of the Department of Labor’s final overtime rule. (For details of the Final Rule, see our article, Labor

The U.S. Department of Labor has issued its Final Rule setting forth a new salary threshold for the white collar exemption to the minimum wage and overtime requirement of the Fair Labor Standards Act. Effective December 1, 2016, the standard salary threshold for the white collar exemption will incre

Today, the Obama administration and Secretary of Labor Perez announced the publication of the Department of Labor's final rule updating the overtime regulations under the FLSA.

The U.S. Department of Labor has released its long-awaited Final Rule updating regulations under the Fair Labor Standards Act governing overtime exemptions for executive, administrative, and professional employees, commonly known as the “white collar exemptions” or “EAP exemptions.” The Final Rule i

Executive Summary: Today, the U.S. Department of Labor (DOL) will publish its long-awaited Final Rule amending the "white collar" exemption tests for executive, administrative, and professional employees (located in 29 CFR Part 541) under the Fair Labor Standards Act (FLSA). These new regulations in

News outlets are reporting that the new salary basis rule will take effect on December 1, 2016, and require a salary of $47,476 per year ($913/week). Reports also indicate that the new rule will require an update of the salary threshold every three years, as opposed to annual increases. This effecti

By now, most employers are aware that new DOL regulations concerning white collar exemptions to the Fair Labor Standards Act are imminent. The DOL’s final regulations may introduce sweeping changes that will affect employers and employees nationwide, possibly allowing as few as 60 days to comply. Li

With publication of the Department of Labor's final overtime rule imminent, Littler Principal Tammy McCutchen testified before the Senate Committee on Small Business and Entrepreneurship on May 11, 2016, about how the proposed changes will disproportionately and negatively impact small businesses an

The wait is nearly over to find out what the Department of Labor’s final rule revising white collar overtime exemption regulations will require. In this podcast, Littler shareholder, Tammy McCutchen, Esq., discusses the likelihood of different changes, as well as the potential timing of the Final Ru

Disagreeing with a sister circuit, the U.S. Court of Appeals for the Fourth Circuit has held that insurance fraud investigators were misclassified as exempt from overtime pay under the administrative exemption of the Fair Labor Standards Act, signaling that it will construe the exemption narrowly. C

Earlier this week, the U.S. Court of Appeals for the Ninth Circuit issued an unpublished decision affirming summary judgment in favor of Wynn Las Vegas with respect to overtime claims asserted by a Slot Marketing Executive Host. Dannenbring v. Wynn Las Vegas, LLC, 2016 U.S. App. LEXIS 5715 (9th Cir.

Executive Summary: On Tuesday, March 15th, the US Department of Labor (DOL) sent to the White House's Office of Management and Budget (OMB) its Final Rule revising the White Collar Exemption Regulations, which will likely expand overtime eligibility for millions of workers. Typically, the OMB review

Despite significant concern from some lawmakers and the business community, the Department of Labor sent its final rule revising white collar overtime exemption regulations to the White House Office of Management and Budget (OMB) on Monday. OMB review is the last step in the regulatory process befor

As discussed in our February 17 Alert, http://www.fordharrison.com/usdol-says-final-rule-will-be-published-in-july-2016-and-be-effective-within-60-days, employers should be prepared for implementation of the U.S. Department of Labor's (DOL) Final Rule revising its White Collar Exemption Regulations.

Since June, we have written a number of posts covering the Department of Labor’s proposed new overtime rule (see our posts here), and the more than doubling of the salary level threshold for white collar exempt positions. The proposed increase in the salary threshold was quite polarizing and resulte

During today's session of the 2016 American Bar Association's (ABA) Midwinter Meeting of the Federal Labor Standards Legislation Committee, the U.S. Department of Labor (DOL) Solicitor of Labor M. Patricia Smith announced that the DOL's Final Rule regarding the Fair Labor Standards Act (FLSA) White

The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI)1 establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). While it remai

Although applicability of the Motor Carrier Act (MCA) exemption from overtime is predicated on “interstate commerce,” interstate commerce can include wholly intrastate travel by a covered employee when shipped in a “practical continuity of movement” across state lines. A new opinion highlights this

Because most FLSA exemptions are affirmative defenses, their applicability is not often established by the Plaintiff’s Complaint, of which s/he is “master” and can shape to avoid addressing exemption-triggering duties. There are exceptions. In a recent opinion, a Manhattan federal district judge rul