The U.S. Department of Labor’s proposed new overtime rule was published in the Federal Register on March 22nd. As described in our earlier post, the proposed new rule would...more
3/25/2019
/ Bonuses ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Misclassification ,
Over-Time ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
It’s here. The U.S. Department of Labor’s Wage and Hour Division unveiled its proposed new overtime rule today. We skipped the 200-plus pages of preamble and jumped right to the proposed regulatory amendments themselves...more
In yet another legal development calling into question a traditional independent contractor relationship in the U.S., the Court of Appeals for the Sixth Circuit determined that off-duty police officers were employees of a...more
2/14/2019
/ Appeals ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Independent Contractors ,
Misclassification ,
Over-Time ,
Payroll Records ,
Police ,
Risk Assessment ,
Risk Mitigation ,
Security Guards ,
Wage Statements
Our friends at Bloomberg Law are reporting that the U.S. Department of Labor (DOL) has sent a proposed new federal overtime rule to the White House Office of Information and Regulatory Affairs (OIRA). OIRA is part of the...more
In this episode of The Proskauer Brief, senior counsel Harris Mufson and partner Allan Bloom discuss recent developments in federal overtime rules. The Trump administration recently released its fall 2018 regulatory agenda,...more
The Trump Administration unveiled its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions (the “Regulatory Agenda”) earlier this week. That’s the biannual report from the federal administrative agencies on the...more
It doesn’t seem that long ago that employers were busily preparing for the new overtime rule that would have doubled the minimum salary level for the “white collar” exemptions from $23,660 to nearly $48,000. That new...more
10/16/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Minimum Salary ,
Notice of Proposed Rulemaking (NOPR) ,
NPRM ,
Obama Administration ,
Over-Time ,
Secretary of Labor ,
Trump Administration ,
White-Collar Exemptions
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018. ...more
In two decisions issued on September 19, the Second Circuit relied on the Supreme Court’s instruction in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134, 1140 (April 2, 2018) that FLSA exemptions are not to be construed...more
9/21/2018
/ Appeals ,
Drivers ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
Reaffirmation ,
Salespersons ,
Statutory Interpretation ,
Summary Judgment ,
Taxi Cabs ,
Unpaid Overtime ,
Wage and Hour
In an April 2, 2018 decision of otherwise narrow appeal to most employers (whether the exemption in Section 13(b) (10)(A) of the Fair Labor Standards Act for an automobile “salesman, partsman, or mechanic” applies to “service...more
4/3/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
As cryptocurrencies surge in value and enter mainstream consciousness, an increasing number of employers may consider compensating their employees with bitcoin, ether, or other cryptocurrencies. While a cryptocurrency...more
2/14/2018
/ Bitcoin ,
Cryptocurrency ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Foreign Currency ,
Minimum Wage ,
Over-Time ,
Payroll Periods ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Wage and Hour
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017....more
The DOL will appeal a Texas federal court’s ruling that the Obama administration’s 2016 overtime rule exceeded the DOL’s authority. The appeal comes nearly two months after the DOL dropped an earlier appeal of that court’s...more
In light of the Texas district court’s recent judgment invalidating the 2016 overtime rule, the DOL filed an unopposed motion to withdraw its appeal of the November 2016 order that preliminarily enjoined the rule on a...more
9/8/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Secretary of Labor ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On Thursday, the Texas federal district court that had issued a preliminary injunction in November 2016 blocking implementation of the Obama Administration’s revised overtime rule granted the plaintiffs’ motion for summary...more
The U.S. Department of Labor has announced that on Wednesday, July 26, 2017, it will formally seek public comment on the overtime rule by publishing a Request for Information (RFI)....more
Yesterday, the U.S. Department of Labor filed a reply brief in further support of its appeal of the November 22, 2016 order in State of Nevada v. United States Dep’t of Labor, No. 4:16-CV-00731 (E.D. Tex.). That order,...more
7/1/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Request For Information ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
On June 27, 2017, the U.S. Department of Labor sent a Request for Information related to the now-enjoined overtime rule to the Office of Management and Budget for review. After OMB completes its review, the RFI will be...more
6/28/2017
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
Minimum Salary ,
OMB ,
Over-Time ,
Public Comment ,
Request For Information ,
Secretary of Labor ,
Stays ,
Trump Administration ,
White-Collar Exemptions
The Court of Appeals for the 11th Circuit held earlier this week that a plaintiff who received at least the minimum wage and any overtime pay owed could not sue under the FLSA for withheld tips....more
Even the Supreme Court doesn’t want to talk about the regular rate of pay.
The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more
5/17/2017
/ Appeals ,
Cash-in-Lieu of Benefits ,
Denial of Certiorari ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Flexible Work Arrangements ,
Liquidated Damages ,
Over-Time ,
Police ,
Remand ,
SCOTUS ,
State and Local Government ,
Wage and Hour ,
Willful Violations
In the private sector, the ability of employers to offer “comp time” for nonexempt employees—future time off as a reward for working extra hours, in lieu of overtime pay—is quite limited. To avoid having to pay for overtime...more
Remember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions? In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect....more
Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...more
1/4/2017
/ Appeals ,
Department of Labor (DOL) ,
Interlocutory Appeals ,
Minimum Salary ,
Motion To Intervene ,
Motion To Stay ,
Over-Time ,
Permanent Injunctions ,
Preliminary Injunctions ,
Wage and Hour ,
White-Collar Exemptions
The New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually)...more
On December 2, the U.S. Department of Labor filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that...more