What's the Tea in L&E? Alert: Salary Threshold for Exempt Employees Increases to $58,656
VIDEO: Major Changes Coming for Employers
Employment Law Now VII-135-Summer 2023 Wrap-Up Part 1 (NEW DOL OVERTIME RULE)
Employer Responsibilities During the Texas Winter Storm
On-Demand Webinar | Legislative Updates for Employers to Plan for a Successful (and Compliant) 2021
#WorkforceWednesday: Readying Vaccine Policies, ACA’s Fate @SCOTUS, Jury Trials Shut Down - Employment Law This Week®
#WorkforceWednesday: CA Passes Proposition 22, New Marijuana Laws, New Administration’s Impact on Your Business - Employment Law This Week®
On-Demand Webinar | Employment Issues With a COVID-19 Vaccine
Employment Law Now IV-65- The Great Debate Part 2: Employee Lawyer vs. Employer Lawyer
COVID-19 Updates: Arizona Employment Law Issues
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
[WEBINAR] Labor & Employment Law: What Changed in 2017
II-31- The Changing 9 to 5 From 1980 to Today
I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
The Close of the Obama Era: What It Means for Employers
We frequently encounter situations where employers classify their salesforce that primarily sells through telephone and internet means as salaried exempt employees, primarily for purposes of overtime and minimum wage payment...more
The U.S. Supreme Court next term will address the standard of proof that employers must meet to show an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). E.M.D. Sales,...more
A Federal Appeals Court recently ruled that marketers who hand out samples and promote products qualify as outside salespeople under the Fair Labor Standards Act (“FLSA”), and are thus exempt from the overtime provisions of...more
Who doesn’t like free samples when shopping? But are the representatives providing those samples actually “selling” them so that they are exempt from overtime under the Fair Labor Standards Act (FLSA) as outside salespersons?...more
Two recent opinion letters from the U.S Department of Labor (USDOL) examine the contours of the federal Fair Labor Standards Act’s (FLSA) “outside salesman” exemption, which exempts covered employees from the FLSA’s minimum...more
On May 19, 2020, the United States Department of Labor’s Wage and Hour Division (WHD) implemented a final rule withdrawing partial lists of establishments that it previously interpreted as either having “no retail concept” or...more
Section 7(i) of the Fair Labor Standards Act provides an exemption from the usual overtime pay requirements for certain commissioned employees of retail or service establishments. For decades, the U.S. Department of Labor has...more
On May 8, 2019, Massachusetts’ highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays. The Supreme...more
While certain sales employees are exempt from minimum wage and overtime requirements under federal and state laws, others are not. Getting it wrong can be a costly mistake, so employers are well advised to ensure their...more
While not binding nationwide, a recent federal court decision should put to rest any legitimate argument that dealership parts counterpeople are not overtime exempt under federal law. Based on the concept that Fair Labor...more
As 2019 approaches, California employers should take note of the following changes to state and local minimum wage laws, which remain more generous than federal law and will affect both nonexempt and exempt employees....more
For the first time, a federal appellate court has acknowledged its obligation to give a “fair reading” to all Fair Labor Standards Act (FLSA) overtime exemptions, as the U.S. Supreme Court stated in Encino Motorcars, LLC v....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
WARNING: If you are a regular recipient of the Dealership Update or a Fisher Phillips client, chances are that you will not necessarily learn anything new by reading this article. When you hear that a dealership settled a...more
With minimum wage increasing at federal, state, and local levels and with wage and hour cases on the rise, we receive many questions about exemptions to overtime laws. One such exemption that does not get as much coverage as...more
We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more
If you’re not an auto dealer and you missed last month’s Supreme Court decision in Encino Motorcars, LLC v. Navarro, we forgive you. After all, a ruling on the correct application of the “salesman” exemption to service...more
No doubt last month’s Navarro ruling in the Supreme Court was a big win for retail automotive. That decision affirmed that the same federal overtime exemption that applies to a “salesman, partsman, and mechanic” also applies...more
We are about midway through the 2017-18 term of the U.S. Supreme Court. One case the Court has already decided and another it refused to take up provide some insight on how the Court has handled employment cases it has been...more
In this podcast, David Lindsay discusses the Supreme Court's recent decision in Encino Motor Cars v. Navarro et al., finding that auto service advisers are exempt employees and not covered by the overtime pay requirements of...more
It’s finally over; we can now say definitively that service advisors employed by automobile dealerships are exempt from federal overtime requirements. If you haven’t been following this story ... what have you been doing? ...more
This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more
What keeps employers up at night? The prospect of collective action overtime lawsuits under the Fair Labor Standards Act (FLSA) is right at the top of the list of human resources nightmares....more
If you're not a car dealer and you missed the Supreme Court's decision last week in Encino Motorcars, LLC v. Navarro, we forgive you. After all, at first blush, the decades-long battle over application of the "salesman"...more
While the Fair Labor Standards Act (FLSA) generally requires employers to pay its employees overtime for any hours worked in excess of 40 in a workweek, the law also provides that certain types of employees are exempt from –...more