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Seyfarth Shaw LLP

Ripples in the OT Waters: Considering the Downstream Effects of Reclassifying Exempt Employees

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Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive,...more

Epstein Becker & Green

DOL Offering Webinars on Final Overtime Rule

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As we have previously addressed, the U. S. Department of Labor (DOL) has issued its final rule raising salary thresholds for overtime exemptions under the federal Fair Labor Standards Act (FLSA) effective January 1, 2025. ...more

Littler

DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions

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On August 30, 2023, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations applicable to executive,...more

Littler

Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

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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

Fox Rothschild LLP

In FLSA Claims, Second Circuit Tightens Pleading Standard To Extend Statute Of Limitations

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In a victory for employers, the Second Circuit held that plaintiffs seeking to invoke the expansive three-year statute of limitations in the Fair Labor Standards Act (FLSA) must plead specific facts to support a claim that an...more

Littler

DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor Standards Act

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On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other...more

Sheppard Mullin Richter & Hampton LLP

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Epstein Becker & Green

COVID-19, Work-from-Home Policies, and Maintaining Wage and Hour Compliance

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As the number of U.S. states reporting cases of COVID-19 coronavirus increases, many employers are imposing mandatory work from home (“WFH”) policies to mitigate risk of contamination and ensure business continuity....more

Stoel Rives - World of Employment

Pay, Leave, and Scheduling Issues Due to the Coronavirus (COVID-19)

With hourly reports of a possible coronavirus (COVID-19) pandemic in the news, employers are confronted with preparing for widespread employee absences or a pandemic situation. Among many issues to consider is how to treat...more

Bond Schoeneck & King PLLC

U.S. Department of Labor's Updated Regulations Clarify Exclusions From the Regular Rate

The U.S. Department of Labor ("DOL") recently issued updated regulations which clarify what types of compensation provided by employers can properly be excluded from the regular rate for overtime computation purposes. ...more

Littler

Employees’ Compensation Following the Earthquake Situation in Puerto Rico

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Since late December 2019, a series of earthquakes and aftershocks have struck the southwest region of Puerto Rico, causing many structures to collapse or to sustain severe structural damage. Intermittent electrical service,...more

Epstein Becker & Green

Time Is Running Out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

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As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”)  are set to go into effect on January 1, 2020. That deadline is sneaking up fast....more

Littler

The Final Rule on Overtime is Finally Here: Minimum Salary Level for Exemption Increased to $35,568 Effective January 1, 2020

Littler on

The U.S. Department of Labor unveiled its long-awaited final rule on the overtime “white collar” exemptions on September 24, 2019.  The regulations, at 20 CFR Part 541, were last updated in 2004, when the DOL increased the...more

Littler

Significant Changes to Japan's Labor Laws Will Take Effect in April 2019: Are You Prepared?

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Japan is known as a country that prizes and exemplifies hard work. While there are significant benefits to this worth ethic, excessive work habits create problems for the country as well. ...more

Littler

Puerto Rico Secretary of Labor Issues Opinion Regarding Employee Compensation Following Hurricanes Irma and María

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On October 17, 2017, the Puerto Rico Secretary of Labor and Human Resources (Secretary) issued Opinion No. 2017-001 (Opinion) regarding the compensation of exempt and non-exempt private sector employees for workdays...more

Morgan Lewis

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

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Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more

Bond Schoeneck & King PLLC

When Reclassifying Employees from Exempt to Non-Exempt, Don’t Forget the Wage Theft Prevention Act Notices

Employers in New York are familiar with the requirement, imposed by the Wage Theft Prevention Act, that every new hire must be provided with notice of their rate of pay (including overtime rate of pay if applicable), how the...more

Mintz - Employment Viewpoints

Handling Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule

One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could...more

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

California Court Rules That Employee’s Occasional Performance of Nonexempt Duties Does Not Negate Exempt Status.

In an unpublished opinion, Abarca v. JK Residential Services, Inc.., No. B256488 (June 26, 2015), the California Court of Appeal, Second Appellate District, recently affirmed a trial court order rejecting a residential...more

Zelle  LLP

The Ten Most Important Rules for Employers

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Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Constangy, Brooks, Smith & Prophete, LLP

5 Ways Employers Can Spend A Lot Less Time In Court

“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these...more

Seyfarth Shaw LLP

The DOL’s New Proposed Overtime Rules and Part-Time White Collar Employees: Can the Fluctuating Workweek Method Solve the Problem?

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The big questions often have surprisingly simple solutions, staring right back at us: - If a tree falls in the forest, and no one hears it, does it make a sound? Sound exists as a mechanical wave of pressure,...more

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

Should Employers Be Allowed to Count Nondiscretionary Bonuses Toward the FLSA’s Minimum Salary Threshold? The DOL Wants Your...

As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more

Smith Anderson

[Webinar] Proposed Rule for Overtime Exemptions Is Issued by Department of Labor—What Will It Mean for You? - July 23, 1:00 EDT

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The Department of Labor has issued its long-awaited, proposed rule revising the overtime regulations for "white collar workers." This webinar will explain the new, proposed rule and the effect of the proposed, increased...more

Franczek P.C.

Captain Obvious Issues Most Obvious FLSA Decision of 2014 (So Far...)

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If you have been anywhere near a TV or radio over the past few months, you have probably seen or heard the ads for Hotels.com featuring Captain Obvious. If you’re from the Midwest, and Indiana in particular, it has probably...more

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