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Salary-Threshold Autopilot Still Possible

A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more

Cutting Through The Half-Time Murk In "Failed Exemption" Cases

How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more

Notes From Acosta Confirmation Hearing

U.S. Labor Secretary candidate Alexander Acosta's March 22 appearance before the Senate's Health, Education, Labor & Pensions Committee produced some interesting interchanges having to do with matters relating to the federal...more

OT Aftermath: FAQs On How Employers Should Respond To Overtime Rule Decision

Employers are returning from their Thanksgiving holiday weekend grappling with thorny questions following last week’s surprising and momentous court decision preliminarily blocking the Department of Labor’s overtime rule from...more

BLOCKED! Court Preliminarily Halts Overtime Rules With Last-Minute Ruling

In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more

Keep Calm And Carry On: Part 2

The December 1 effective date for the increased dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions is now only a little more than two months away. In addition...more

Whom Does USDOL's Salary Increase Not Affect?

There appears to be some continuing misunderstanding about exactly which exempt employees might be affected by the December 1 increase in the minimum salary amount required to meet the basic compensation criterion for an...more

"White Collar" Exemption Changes:  Keep Calm And Carry On

Recent Congressional initiatives have targeted the impending increases in the U.S. Labor Department's dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions. There...more

USDOL Releases Details On Exemption Revisions

At long last, the U.S. Labor Department has disclosed the details of its final revised regulations defining the executive, administrative, professional, "outside salesman", and derivative exemptions under the federal Fair...more

Two Fluctuating-Workweek Variations

We have said for a while now that a "fluctuating workweek" pay plan might suit some employers' needs as to workers whom they will no longer treat as overtime-exempt in light of the U.S. Labor Department's coming federal Fair...more

Salary Threshold To Be Approximately $900?

According to Bloomberg BNA, reports are that the new minimum salary for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions will annualize to "about" $47,000. The actual salary requirement is not...more

A Salary "Credit" Is Already "Permitted"

The U.S. Labor Department's commentary regarding its proposed federal Fair Labor Standards Act Section 13(a)(1) exemption regulations said that it might "permit" employers to "count" or "credit" against the impending higher...more

Ready For The Looming Exemption Changes?

The publication date for the U.S. Labor Department's revised federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemption definitions remains uncertain.  But a growing consensus is that they are likely to be...more

Final Exemption Regulations Sent To OIRA For Review

According to the federal Office of Information and Regulatory Affairs' website, the U.S. Labor Department has submitted for review the final revised regulatory definitions of the federal Fair Labor Standards Act's Section...more

Can A Salary "Build-In" Overtime Pay?

One approach to the coming changes in the federal Fair Labor Standards Act's Section 13(a)(1) exemptions would be to abandon exempt status for at least some employees. Of course, this will mean (among other things) that...more

Exemption Regulations Update: Probable July Release

Reports are that U.S. Solicitor of Labor M. Patricia Smith said again today that the U.S. Labor Department's revised regulatory definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions will be...more

House Members Oppose Exemption Changes

Some members of the U.S. House of Representatives have written to Labor Secretary Labor Tom Perez to express concerns about the U.S. Labor Department's proposed revisions in its regulatory definitions of the federal Fair...more

Pushback Against USDOL's Exemption Proposals

The period for public comment on the U.S. Labor Department's proposed revisions in the regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions ended on September 4. Nevertheless, efforts are...more

When Will The Exemption Changes Occur?

One of the most-pressing questions for employers at the moment is when the U.S. Labor Department will finalize changes in its definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Some have...more

Firm Critiques USDOL's Exemption Initiative

Last Thursday, Fisher & Phillips filed its own extensive comments on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. The firm's presentation...more

Comment Period Will Not Be Extended

There will be no extension of the original 60-day period for commenting on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. U.S. Wage and Hour...more

Evaluating USDOL's Proposals: Avoid Dangerous Assumptions

Employers are of course continuing to evaluate the impact of the U.S. Labor Department's proposed increase in the minimum dollar amount for the federal Fair Labor Standards Act's Section 13(a)(1) exemptions' salary...more

Exemption Comments Already Being Filed

Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there is great concern about...more

Beware Offering "Examples" In Comments To USDOL

Comments on the U.S. Labor Department's proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions are, for the moment, still due on Friday, September 4, 2015. USDOL is...more

Evaluating The Impact Of USDOL's Salary Proposal

The U.S. Labor Department has of course proposed a substantial increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional, or a derivative exemption...more

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