On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the...more
2/23/2023
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Non-Exempt Employees ,
Over-Time ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions
On August 21, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Faludi v. U.S. Shale Solutions, L.L.C. that may prove to be an important decision for companies that utilize day rate compensation...more
The U.S. Department of Labor (“DOL”) has issued three sets of proposed regulations that significantly impact the Hospitality industry. ...more
4/26/2019
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Joint Employers ,
Minimum Wage ,
NPRM ,
Over-Time ,
Proposed Regulation ,
Rate of Pay ,
Wage and Hour ,
White-Collar Exemptions
It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving...more
The U.S. Department of Labor (DOL) published the final rule revising the “white collar” overtime exemption regulations on May 18, 2016. This publication was the result of a process that began in March 2014 when President...more