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Part 541 Salary Level Increases to $684/Week

Seyfarth Synopsis: The U.S. Department of Labor announced its final rule updating and revising the regulations issued under the Fair Labor Standards Act (FLSA) regarding the earnings thresholds necessary to exempt executive,...more

Regulatory Spring: Rulemaking by the Wage & Hour Division

Earlier last week, the comment period ended for the U.S. Department of Labor, Wage & Hour Division’s proposed rule increasing the salary threshold for the FLSA’s white collar exemption. The proposal received more than...more

Here We Go Again: DOL Proposes White-Collar Salary Threshold of $35,308

Seyfarth Synopsis: In the latest chapter in the ongoing saga of the U.S. Department of Labor’s efforts to increase the salary threshold required for most white-collar exemptions, on March 7, 2019, the Department announced a...more

Proposed New White Collar Salary Threshold: $35,308

Since 2015, we have been following the saga of the salary threshold for the FLSA’s white-collar exemptions (most of them, at least). ...more

WHD Announces Regulatory Agenda

The Department of Labor issued its Fall 2018 regulatory agenda, and the Wage & Hour Division is front and center....more

White-Collar Tour 2018: WHD Wants to Hear from You

Remember that time when the Wage & Hour Division published a final rule increasing the minimum salary level for the white-collar exemptions to $47,476 per year?  And then a court enjoined the rule from going forward?  And...more

Here We Come A Waiver-ing: 2017 Year In Review

‘Twas the week before Christmas, and the WH-L-PG Contemplated the wage-hour year lyrically; We considered the issues our readers would most like to savor And decided the tastiest one was class waiver....more

Obama Overtime Rule Invalidated by Federal Court in Texas

Seyfarth Synopsis: On Thursday afternoon, a federal judge in Texas issued an order officially invalidating the U.S. Department of Labor’s 2016 overtime rule, which would have more than doubled the minimum salary level for...more

DOL Seeks Comment on Overtime Rule

On July 26, 2017, the U.S. Department of Labor will publish its anticipated Request for Information on the White-Collar Overtime Exemption in the Federal Register. The RFI will give the regulated community 60 days to provide...more

What’s on the Agenda? Tips and OT

Each spring and fall, Washington waits with bated breath as the Executive Branch releases its regulatory agenda. As the first pronouncement of some of the specifics of the Trump Administration’s regulatory plans, this year’s...more

Finally Briefed: Appellate Experts’ Perspective on the Fully Briefed 5th Circuit EAP Exemption Appeal

Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more

The Parties’ Briefs in Nevada v. DOL Are In…Now What?

Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more

Finally Briefed: DOL Files 5th Circuit Reply Defending its Authority to Set Salary Level for EAP Exemptions

At last, the federal government has filed its reply brief in the Fifth Circuit concerning its appeal from a Texas district court’s order preliminarily enjoining the 2016 revisions to the FLSA’s executive, administrative, and...more

DOL Sends OT Request for Information to White House for Review

Yesterday, the DOL’s Wage & Hour Division (WHD) sent its anticipated Request for Information (RFI) on the overtime rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). Review of...more

DOL Expected to Issue Request for Information on OT Rules

During his Wednesday hearing before a House Appropriations Subcommittee, in which he addressed the Trump Administration’s proposed budget for DOL, Secretary Alexander Acosta informed the committee that the Department planned...more

Electoral Impact: How Does Tuesday’s Result Affect the Overtime Exemption Regulations?

As the nation waited for the final states to be called in the early morning hours on Tuesday, we here at the Wage & Hour Litigation Blog focused on our one thing: what impact would the result have on the DOL’s overtime...more

Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas. The first lawsuit, citing (among other things) the severe impact the impending salary increase...more

They’re Here: White Collar Exemption Revisions Announced

Today, the Department of Labor’s long-awaited revisions to the Fair Labor Standards Act’s white collar exemption will be announced. Although there certainly will be additional nuance identified once the entire package has...more

One Last Time: President Seeks Huge Increase to WHD Budget, Investigators

The President’s FY2017 budget request seeks a nearly $50 million increase in the Wage & Hour Division’s budget. This more than 20% increase would fund, among other things, 300 additional investigative staff — putting the...more

Summertime Blues? Solicitor of Labor Eyes July Publication of Overtime Regs

Pinning down a publication date for the DOL’s final revisions to the white-collar exemption rules has proven difficult to anyone outside of the agency’s headquarters. Sometimes, the answer seems to elude even those inside the...more

How Contemplated Changes to the White-Collar Exemptions’ Duties Tests Could Reward Your Poor Performers…and What You Can Do in...

As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s...more

Obama Administration Proposes New Overtime Rules

Today, the U.S. Department of Labor’s Wage & Hour Division announced its long-awaited proposal to amend 29 CFR Part 541, the “white collar” exemption for executive, administrative, and professional employees. Somewhat...more

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