News & Analysis as of

Wage and Hour Over-Time Department of Labor (DOL)

Roetzel & Andress

Minimum Salary Amounts for Overtime Exemptions Set to Increase Again as of January 1

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Federal law recognizes that certain “white collar” positions can be exempt from the mandatory payment of overtime compensation if the position in question satisfies certain criteria set forth in federal regulations – a...more

Faegre Drinker Biddle & Reath LLP

Post-Chevron Challenge to Overtime EAP Exemption Pending

On August 12, 2024, the Association of Christian Schools International (ACSI), a Colorado-based nonprofit that supports evangelical Christian schools, filed a complaint against the U.S. Department of Labor (DOL) challenging...more

Balch & Bingham LLP

DOL Looks Likely To Win Salary Threshold Fight

Balch & Bingham LLP on

Effective July 1, 2024, the U.S. Department of Labor raised the minimum salary that employers must pay to avoid paying overtime to people who perform executive duties. The minimum weekly salary of $684 became $844 on July 1,...more

Sands Anderson PC

Upcoming Supreme Court Case to settle FLSA Burden of Proof for Parties

Sands Anderson PC on

Burdens of proof can be a mundane issue to discuss. Addressing the standard by which a fact finder decides a legal claim between opposing parties does not generate much enthusiasm with legal scholars. Nevertheless, the burden...more

Locke Lord LLP

Department of Labor’s New Rule Raises the Minimum Salary Requirements ‎for Certain FLSA Exemptions

Locke Lord LLP on

Earlier this year, we let you know that the Department of Labor (“DOL”) recently promulgated 29 CFR Part 541, a rule that raises the minimum salary requirements for employees eligible for the white collar and...more

Kaufman & Canoles

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

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Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

PilieroMazza PLLC

[Webinar] ABCs of the SCA: Critical Path Service Contract Act Training for Government Contractors - October 22nd - 24th, 2:00 pm -...

PilieroMazza PLLC on

For contractors and subcontractors providing certain services to the federal government, compliance with the Service Contract Act (or Service Contract Labor Standards) is required. Unique bidding and performance requirements...more

Fisher Phillips

How Will the New Overtime Rule Impact Your Business This Comp Season? 10 Tips for Employers

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As the final quarter of 2024 begins, many employers are turning to the year-end review process. While you’re planning for raises, bonuses, and other employee incentives this comp season, you’ll need to account for the new...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

The DOL Establishes Salary Levels for 2024/2025 Overtime Pay Exemptions under the FLSA—and Has Substantially Increased Them

As we previously discussed, the United States Department of Labor (the “DOL”) issued a final rule in the spring of 2024 (the “2024 Rule”) substantially increasing the minimum salary level for the executive, administrative,...more

Maynard Nexsen

What’s next? The Potential Impact of the Fifth Circuit’s Mayfield Decision on the 2024 DOL Minimum Salary Rule

Maynard Nexsen on

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit joined four other federal courts and held that the U.S. Department of Labor (DOL) has statutory authority to impose a minimum salary threshold to qualify...more

Epstein Becker & Green

#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®

Epstein Becker & Green on

This week, we take a closer look at the U.S. Court of Appeals for the Fifth Circuit’s decision to strike down the Department of Labor’s (DOL’s) tip credit rule but to uphold the agency’s authority to set a minimum salary...more

Bricker Graydon LLP

[Ongoing Program] Session 4: Tackling Areas of High Risk in Your Athletics Department - October 8th, 12:00 pm - 1:00 pm ET

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Pullman & Comley - Labor, Employment and...

The Newest Wage Hour Risk in Connecticut: Election Poll Workers

A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut.  The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects Challenge to Labor Department's Use of FLSA Salary Test

Employers have been following legal challenges to the U.S. Department of Labor’s second round of increases to the minimum salary that must be paid to meet the requirements of the Fair Labor Standards Act’s white collar...more

Bradley Arant Boult Cummings LLP

Chevron Is Dead, but the Department of Labor Still Has Some Gas! 5th Circuit Upholds DOL Salary Requirement

What about those salary thresholds for white-collar employees? Although they have been challenged, they are alive and kicking. Last week, the United States Court of Appeals for the Fifth Circuit affirmed that the Department...more

Robinson Bradshaw

Fifth Circuit Upholds Labor Department’s Authority on Overtime Pay Exemptions

Robinson Bradshaw on

On Sept. 11, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s longstanding practice of using salary levels to determine overtime pay eligibility. Since 1938, the Fair Labor Standards Act has...more

Bricker Graydon LLP

[Ongoing Program] Session 3: Play Offense, Not Defense: Complying with Title IX in an Ever-Changing Environment - October 1st,...

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Polsinelli

The Fifth Circuit Confirms the DOL’s Authority to Use Salary Basis Test for FLSA Overtime Exemptions

Polsinelli on

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit in Mayfield v. U.S. Department of Labor confirmed that the United States Department of Labor (“DOL”) has the authority to use a salary basis to define its...more

FordHarrison

Fifth Circuit Affirms DOL's Authority to Set Salary Thresholds For FLSA Exemptions

FordHarrison on

Real World Impact: On September 11, 2024, in Mayfield v. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL) authority to set minimum salary thresholds for overtime...more

Ballard Spahr LLP

DOL Authority to Increase Overtime Compensation Thresholds Affirmed

Ballard Spahr LLP on

On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary...more

BakerHostetler

Fifth Circuit Upholds DOL Authority to Set Minimum Salary Threshold for EAP Exemption from FLSA Overtime Requirements

BakerHostetler on

In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more

Seyfarth Shaw LLP

Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid...more

Husch Blackwell LLP

Fifth Circuit Concludes FLSA 2019 Minimum Salary Rule Falls Within Department of Labor's Authority

Husch Blackwell LLP on

We previously wrote about the U.S. Department of Labor’s 2024 overtime rule that raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA). We explained that this rule was bound to face legal...more

Fisher Phillips

Overtime Rule Clears Major Hurdle in Advance of January 1 Effective Date: Key Steps for Employers

Fisher Phillips on

In a major win for the Department of Labor, a federal appeals court just ruled that the agency has the power to set a salary basis floor in order for workers to be considered exempt from overtime pay. Yesterday’s ruling from...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employment Law Landscape Could Change After Election

When presidential administrations change, it’s common to see significant shifts in policy via new regulations, executive orders, different interpretations of federal laws, and changes to enforcement priorities, budgeting, and...more

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