News & Analysis as of

Unpaid Overtime Employer Liability Issues

Vedder Price

Seventh Circuit Weighs in on Jurisdiction in FLSA Collective Cases

Vedder Price on

On August 16, 2024, a divided Seventh Circuit panel held that a court needs to establish personal jurisdiction over each individual member of a Fair Labor Standards Act (“FLSA”) collective, further contributing to an existing...more

Franczek P.C.

Another Cook in the Kitchen: Court Finds Chef is Entitled to Overtime

Franczek P.C. on

Many employers make the mistake of assuming that employees can be treated as exempt so long as they have certain job titles or are paid a salary rather than an hourly wage. That error is especially common in small businesses...more

Nelson Mullins Riley & Scarborough LLP

DOL Overtime Rule Blocked for Employees of State of Texas

On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas.  As discussed in a...more

FordHarrison

New Update on Litigation Challenging the DOL's 2024 Salary Rule

FordHarrison on

Executive Summary: On July 1, 2024, the federal court for the Northern District of Texas issued a decision in Flint Avenue, LLC v. U.S. Department of Labor, denying the plaintiff employer’s request for a nationwide...more

Franczek P.C.

Tech Firm’s Attempt to Block Overtime Rule Falls Short

Franczek P.C. on

After a federal judge in the Eastern District of Texas blocked the DOL’s new overtime exemption rule as it pertains to Texas state employees, another judge in the Northern District of Texas declined to issue a similar...more

Franczek P.C.

Will The New Overtime Rule Take Effect July 1?

Franczek P.C. on

The clock is quickly ticking down to July 1, when the U.S. Department of Labor’s new rule increasing the minimum salary for many employees to be considered exempt from overtime under the Fair Labor Standards Act is supposed...more

Littler

Rates Up, Dude – Surfing the Wave of U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases that Will Occur on July 1, 2024

Littler on

While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more

CDF Labor Law LLP

Get Ready for July 1, 2024 Federal Increased Salary Thresholds

CDF Labor Law LLP on

The U.S. Department of Labor (“DOL”) issued its much-anticipated Final Rule, which increases the salary threshold that determines whether employees are exempt from overtime pay under the Federal Law, Fair Labor Standards Act...more

CDF Labor Law LLP

Legal Challenges to New DOL Rule Increasing Salary Basis for Exempt Status under FLSA

CDF Labor Law LLP on

A new Department of Labor (DOL) Overtime Rule (2024 OT Rule) which raises the salary threshold for white-collar exemptions scheduled to go into effect on July 1, 2024 is facing legal challenges. On May 22, 2024, several...more

Nelson Mullins Riley & Scarborough LLP

DOL Announces Rule Increasing Minimum Salary Threshold for Exempt Employees

The U.S. Department of Labor (DOL) announced on April 23 a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July...more

Manatt, Phelps & Phillips, LLP

Pay Up: DOL Increases Salary for Exempt Workers

The Department of Labor (DOL) has released its final rule increasing the minimum salary employers must pay to most exempt workers under the Fair Labor Standards Act (FLSA)....more

Epstein Becker & Green

DOL Offering Webinars on Final Overtime Rule

Epstein Becker & Green on

As we have previously addressed, the U. S. Department of Labor (DOL) has issued its final rule raising salary thresholds for overtime exemptions under the federal Fair Labor Standards Act (FLSA) effective January 1, 2025. ...more

Wyrick Robbins Yates & Ponton LLP

DOL’s New Salary Threshold Makes Millions of Employees Eligible for Overtime

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued a final rule (the “Rule”) increasing the minimum salary threshold for employees exempt from the overtime pay requirements established by the Fair Labor Standards...more

Lerch, Early & Brewer

Preparing for the New Changes to the Federal Overtime Regulations – What Employers Need to Know

Lerch, Early & Brewer on

The Department of Labor, on April 23, 2024, issued a new overtime rule regarding the so called “white collar” exemptions to the federal overtime regulations. The changes, which take effect on July 1, 2024, are likely to...more

Akerman LLP - HR Defense

DOL Unveils Final Overtime Rule and It’s Even More of a Pain Than Anticipated

The U.S. Department of Labor’s long-awaited final “Overtime Rule” is here, and it brings drastic changes to requirements employers must follow for paying salaried employees exempt from overtime. Under the Final Rule, which...more

Troutman Pepper

New DOL Rule: Changes to Salary Thresholds for Overtime Exemptions

Troutman Pepper on

On Tuesday, the U.S. Department of Labor (DOL) released a final rule, "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees," which significantly raises the...more

Stinson LLP

DOL's Final Rule Increases Minimum Salary Threshold for FLSA Exemption, Overtime Requirements

Stinson LLP on

On April 23, 2024, the Department of Labor (DOL) announced its anticipated final rule increasing the minimum salary threshold for exemption to the Fair Labor Standards Act (FLSA) overtime requirements, effective July 1, 2024....more

Littler

Department of Labor Publishes Final Rule to Update the Salary Level for Overtime Eligibility

Littler on

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...more

Polsinelli

Finally Final — The DOL Issues Its Long-Expected Final Rule Raising the FLSA Overtime Exemption Salary Thresholds

Polsinelli on

As has been expected, and as we addressed at the end of 2023 in our previous blog post, on April 23, the U.S. Department of Labor (“DOL”) at long last issued its final rule raising the salary thresholds for overtime...more

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

Ballard Spahr LLP on

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

FordHarrison

The U.S. Department of Labor’s Proposed White Collar Exemption Changes

FordHarrison on

Under a new proposed rule from the U.S. Department of Labor (“DOL”), millions more workers would be eligible for overtime pay unless employers pay a much higher salary threshold. As it stands, under the Fair Labor Standards...more

Seyfarth Shaw LLP

FLSA Pleading:  Mathematical Precision Not Required

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court’s decision in Iqbal on the requirement of specificity in pleading provided the guidance that “determining whether a plausible claim has been pled is a context-specific task that requires...more

Burr & Forman

How Employers Should Prepare for the Department of Labor’s Proposed Expanded Overtime Rule

Burr & Forman on

On August 30, 2023, the U.S. Department of Labor (DOL) unveiled a significant proposed increase to the salary threshold for exemptions to the Fair Labor Standards Act’s (FLSA) overtime pay requirements. The DOL estimates the...more

Troutman Pepper

EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions

Troutman Pepper on

In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards...more

Stikeman Elliott LLP

No Time (Limit) for Overtime: Alberta Court Expands Lookback Period for Statutory Overtime

Stikeman Elliott LLP on

The Ruling in Scheffler v Mourits Trucking Ltd. Employees who advance civil claims for unpaid overtime with the Alberta Courts may no longer confined to the six-month period immediately preceding the date of the claim (as...more

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