News & Analysis as of

Over-Time Comment Period Public Comment

Eversheds Sutherland (US) LLP

DOL’s final rule: You say “overtime” I say “salary thresholds”

The US Department of Labor (DOL) released its final rule to increase the federal salary threshold for exemption under the Fair Labor Standards Act (FLSA) on April 23, 2024. DOL had previously issued On August 30, 2023, the US...more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

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On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

Fisher Phillips

Labor Department’s Proposed Overtime Rule Could Raise Salary Floor to $55k: Here Are 8 Ways Employers Can Prepare Now

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Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees – a change that could make more of your employees...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from February 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Jackson Lewis P.C.

Labor Department Proposes Changes To Clarify Use Of FLSA’s ‘Fluctuating Workweek’ Pay Method

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Persistent confusion over the Department of Labor’s (DOL) “fluctuating workweek” (FWW) pay method to satisfy employers’ obligation to pay overtime has deterred many from using it. Now, the DOL has proposed changes to clarify...more

Littler

Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

Littler on

In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee...more

Benesch

Big Changes Likely for Overtime Exemptions in Washington State

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While the U.S. Department of Labor (“DOL”) recently made headlines with proposed changes to the federal standard for overtime exemptions, the ongoing saga may present further challenges for employers in the State of...more

Sheppard Mullin Richter & Hampton LLP

Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer” Regulations

Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more

Holland & Knight LLP

DOL Issues Long-Awaited Proposed Guidance on Application of "Regular Rate" of Pay

Holland & Knight LLP on

• The U.S. Department of Labor has proposed a rule updating the calculation of a nonexempt employee's regular rate of pay for overtime pay purposes. • The proposed rule is intended to better reflect the modern workplace...more

Verrill

DOL’s Proposed Rule Making on Regular Rate of Pay

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The U.S. Department of Labor’s Wage and Hour Division recently announced a proposed rule updating regulations governing what items are included in an employee’s regular rate of pay. This constitutes the first update to the...more

McCarter & English, LLP

It’s Déjà Vu All Over Again—DOL Proposes (New) Revisions To Salary Requirements For FLSA Overtime Exemptions

The U.S. Department of Labor (DOL) recently released its long-awaited proposed revisions to the regulations governing the minimum salary requirements applicable to the overtime exemptions for executive, administrative, and...more

McAfee & Taft

DOL publishes proposed rule on new overtime laws

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As discussed in our EmployerLINC Alert earlier this month, the U.S. Department of Labor’s (DOL) Wage & Hour Division announced a Notice of Proposed Rulemaking (NPRM) to increase the salary threshold employees must meet in...more

Bradley Arant Boult Cummings LLP

Preparing for the New Overtime Exemption Salary Threshold - Labor & Employment Newsletter

Earlier this month, the Department of Labor issued a new proposed rule that, if it takes effect, will raise the pay threshold for overtime exemption from an annual salary of $23,660 (or $455 weekly) to $35,308 (or $679...more

Parker Poe Adams & Bernstein LLP

Proposed Overtime Exemption Rules Allow Use for Bonuses or Commissions for 10% of Minimum Salary

Last week, we reported on new proposed Department of Labor regulations that would raise the minimum salary for claiming the “white collar” overtime exemptions to $35,308 per year. In addition to the new salary level, the...more

Harris Beach PLLC

U.S. Department of Labor Proposes New Overtime Rule

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On Thursday March 7, 2019, the United States Department of Labor ("U.S. DOL") proposed a new "overtime rule," which would raise the minimum salary level for employees under the Fair Labor Standards Act's "white collar"...more

Fisher Phillips

USDOL Releases Proposed Exemption Changes (Overtime Rule 2.0) - Updated

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The USDOL's long-awaited proposed white-collar exemption changes a/k/a Overtime Rule 2.0 has been made available. Once it is published in the Federal Register, the public will have 60 days to submit comments regarding, among...more

Mintz - Employment Viewpoints

Déjà vu All Over Again: The DOL Releases Proposed Rule Increasing the Salary Basis Threshold for FLSA White-Collar Exemptions

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) that it estimates would convert more than one million now overtime-exempt workers to non-exempt, overtime-eligible employees. Currently, the...more

Holland & Knight LLP

DOL Announces Proposed Rule Increasing Salary Requirements for FLSA Exemptions

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The U.S. Department of Labor (DOL) announced on March 7, 2019, its much anticipated proposed changes to the overtime exemption rules under the Fair Labor Standards Act (FLSA). Specifically, the DOL's proposed rule will raise...more

Fisher Phillips

NJ Employers Are One Step Closer To Mandatory Paid Sick Leave - State DOL Publishes Poster And Proposed Regulations In Advance Of...

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In just a few short weeks, New Jersey employers will be required to comply with the state’s new Paid Sick Leave Act. Once October 29 is upon us, New Jersey employers of all sizes will need to provide up to 40 hours of paid...more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

Holland & Knight LLP on

Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Fisher Phillips

Pennsylvania Proposes More Than Doubling the Salary Level for Overtime Exemptions

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On June 12, 2018, the Pennsylvania Department of Labor and Industry (“DLI”) submitted a proposed rulemaking to amend the regulations that exempt executive, administrative, and professional (EAP) salaried workers from overtime...more

Schwabe, Williamson & Wyatt PC

Public Hearing Set for Amended Overtime Statutes

Manufacturers who will be affected by the new changes to the overtime rules may be interested in attending a public hearing and/or providing public comment on the development of the Oregon Administrative Rules that BOLI will...more

Fisher Phillips

Possible October Oral Arguments In Exemption Appeal

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The Fifth Circuit U.S. Court of Appeals has "tentatively" scheduled oral arguments for the week of October 2, 2017 regarding the U.S. Department of Labor's efforts to overturn last November's preliminary injunction blocking...more

Adams and Reese LLP

DOL Facing Backlash over Proposed Increase in Overtime Pay

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Friday, September 4 is the final day to provide comments on the legislation. As the end of 60 day period for public comment on the proposed revisions to the U.S. Department of Labor's ("DOL") overtime rule approaches,...more

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