FLSA - Overtime Exemptions

Applicability of the technical FLSA exemptions can sometimes turn on subtle distinctions, a frustrating proposition for FLSA litigants. A new opinion highlights these subtleties, as, on a motion for reconsideration made ahead of a bench trial, a court reversed its earlier ruling denying summary judg

An employee for an automotive and truck parts company is an exempt outside salesperson under the FLSA and the New York Labor Law, despite allegations that he was only a service technician, the Court for the Eastern District of New York rules. Domenech v. Parts Auth., Inc., 2015 U.S. Dist. LEXIS 1012

Reversing Judge Richard J. Sullivan’s 2014 decision, a panel of the Court of Appeals for the Second Circuit ruled today that a contract attorney who provided document review services on a multi-district litigation for a law firm through a third party staffing firm colorably alleged an FLSA violation

The U.S. Department of Labor's methodology and minimum salary threshold set forth in its proposed revisions to the Fair Labor Standards Act's "white collar" exemptions are "unprecedented in the FLSA’s 77-year history," explained Littler Principal Tammy McCutchen during a Subcommittee on Workforce Pr

On July 6, 2015, the U.S. Department of Labor (DOL) formally proposed revisions to the executive, administrative, and professional (EAP) exemptions to the overtime pay requirement of the Fair Labor Standards Act. In addition, the Department requested comments on those proposed revisions and on other

On July 6, 2015, the proposed rule issued by the Department of Labor to revise the “white collar” overtime exemptions was published in the Federal Register, available here. The DOL has established a 60-day period for the public to submit written comments to the proposed rule. The comments are curren

This week, the Department of Labor announced proposed changes to the white-collar overtime exemptions under the Fair Labor Standards Act ("FLSA"). If enacted, these changes will significantly impact employers.

In a conference call held on Wednesday morning, Labor Secretary Thomas Perez and Wage and Hour Administrator David Weil fielded questions about the recently released proposal to revise the Fair Labor Standards Act overtime regulations for white collar employees. During the call, the DOL officials di

Executive Summary: Today, in a 295-page report, the U.S. Department of Labor ("DOL") issued its long-awaited proposed amendments to the Fair Labor Standards Act's ("FLSA") "white collar" exemption tests for executive, administrative, and professional employees (located in 29 CFR Part 541). The DOL r

The United States Department of Labor (USDOL) has finally released its much-publicized and frequently delayed Notice of Proposed Rulemaking, which would update the Fair Labor Standards Act (FLSA) regulations concerning who is and is not eligible for overtime pay under federal law. The USDOL estimate

On June 30, 2015, President Obama and Secretary of Labor Perez released a 295-page Notice of Proposed Rulemaking (NPRM), seeking public comments on proposed changes to the "white collar" overtime exemption regulations. The NPRM, along with a Fact Sheet and FAQs, are available on the Department of La

Professionals often require additional assistance handling time-consuming, but routine, tasks. This is particularly apparent in complex litigation that involves voluminous discovery and document review. Not surprisingly, document review can quickly become one of the more labor-intensive and expensiv

Are drivers of a motor carrier who rarely or never drive the carrier's interstate routes covered by the motor carrier exemption of the Fair Labor Standards Act? Yes, according to the U.S. Court of Appeals for the Third Circuit in Resch v. Krapf's Coaches, Inc., Case No. 14-3679 (3d Cir. May 12, 2015

In March 2014, President Obama ordered the U.S. Department of Labor to revise the “white collar” overtime exemption regulations. Declaring "Americans have spent too long working more and getting less in return," the President ordered the revision of the overtime exemption regulations with a goal of

Executive Summary: On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior interpretation. In Nickols v. Mortgage Bankers Association,

The Fair Labor Standards Act (FLSA) provides several exemptions from overtime requirements for employees whose job duties meet specific tests. Most employers are familiar with the standard “white- collar” exemptions – including the “executive” and “administrative” exemptions – and the job duties and

Once again, federal agencies quietly released their semi-annual regulatory agendas on the eve of a long holiday weekend, and on the same day President Obama announced his nomination of Shaun Donovan to lead the Office of Management and Budget (OMB). Twice a year, agencies set forth all rulemaking it

On Thursday, March 13, President Obama directed U.S. Secretary of Labor Thomas E. Perez to "modernize and streamline" the Department of Labor's (DOL) "white collar" overtime exemption regulations at 29 C.F.R. Part 541.1 The regulations define the scope of the executive, administrative, professional,

Executive Summary: President Barack Obama has directed the Department of Labor to "update" and "modernize" overtime rules to expand the number of workers eligible for overtime pay.

In Anani v. CVS RX Services, Inc., the U.S. Court of Appeals for the Second Circuit affirmed a New York district court decision finding a pharmacist exempt from overtime under the Fair Labor Standards Act because he met the “highly compensated employee” exemption. The decision is significant because