News & Analysis as of

Wage and Hour Department of Labor (DOL) Exemptions

Kaufman & Canoles

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

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Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

Bricker Graydon LLP

[Ongoing Program] Session 4: Tackling Areas of High Risk in Your Athletics Department - October 8th, 12:00 pm - 1:00 pm ET

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The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 3: Play Offense, Not Defense: Complying with Title IX in an Ever-Changing Environment - October 1st,...

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The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 2: The Current Landscape of Student-Athlete Compensation - September 24th, 12:00 pm - 1:00 pm ET

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The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 1: The New Department of Labor Overtime Exemption Rule: What Your Athletics Department Needs to Know for...

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The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Foley & Lardner LLP

The Department of Labor Rule Establishing Changes to Overtime Exemptions Is Now in Effect: What Steps Employers Immediately Need...

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Employers have been required since August 20, 2023, when the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking, to increase the minimum salary amount required to be paid to qualify for what is known as...more

Sheppard Mullin Richter & Hampton LLP

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). Depending on the outcome, the high court’s decision could make it far...more

Bradley Arant Boult Cummings LLP

This Ain’t My Home, Now Pay Up: 11th Circuit Reverses on FLSA’s Live-In Service Worker Exemption

Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th...more

Jackson Lewis P.C.

Federal Court Upholds DOL’s Authority to Set Minimum-Salary Test for White-Collar Exemption

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The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor...more

Foley Hoag LLP

U.S. Department of Labor’s Proposed Rule Could Make Millions of Employees Overtime-Eligible

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On August 30, 2023, the DOL announced a new proposed rule making changes to the FLSA’s so-called white-collar and highly compensated employee exemptions, increasing the salary threshold that employees must meet to qualify for...more

Conn Kavanaugh

Gazing Into the Employment Law Crystal Ball: Artificial Intelligence, Pay Transparency, and Overtime Rule Changes

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The employment law landscape can shift quickly to keep up with our rapidly evolving world of work.  You can be better prepared by anticipating changes that could impact your business.  Below are three areas in which legal...more

Fox Rothschild LLP

Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?

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For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate. For the exemption to apply, the worker had to be working away from the...more

Jackson Lewis P.C.

Farm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds

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The mere fact that the plaintiff was building livestock enclosures on farms did not necessarily preclude his entitlement to overtime pay under the agricultural exemption of the Fair Labor Standards Act (FLSA), the Seventh...more

Woods Rogers

FLSA Lessons from TopGolf: Titles Mean Nothing!

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If you have employees you’re not paying overtime, be ready to explain why their duties make them exempt under the FLSA, not their title. Just because you call it a hole in 1, doesn’t make it so! The Fair Labor...more

Bradley Arant Boult Cummings LLP

Here We Go Again? DOL Secretary Walsh Discusses Raising Overtime Exemption Salary Threshold

You may have missed it, but Secretary of Labor Marty Walsh perked up some ears last week when he discussed possibly raising the FLSA salary threshold for certain exempt employees. In testimony before a Congressional...more

Ballard Spahr LLP

DOL Opinion Letter Expands Exemption for Journalists and Media Personnel

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Summary - The U.S. Department of Labor (DOL) issued an opinion letter on January 19, 2021, that finds a broader swath of journalists and media personnel may be creative professionals exempt from the minimum wage and...more

Snell & Wilmer

Can Companies Use the Outside Sales Exemption During a Pandemic?

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COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees...more

Mintz - Employment Viewpoints

Updated: Department of Labor Guidance for Families First Coronavirus Response Act

The Department of Labor has again updated its guidance regarding the Families First Coronavirus Response Act ("FFCRA"). How we got here...more

BakerHostetler

DOL Issues Practical Guidance on Multiple Wage and Hour Topics

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This week, the Department of Labor’s Wage and Hour Division (DOL) issued four opinion letters addressing a range of wage and hour issues including application of the fluctuating workweek payment method, pay methods for...more

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

DOL Provides Insight Into the FLSA’s ‘Retail or Service Establishment’ Exemption, Opening the Door for Broader Application

On August 31, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued four opinion letters, one of which, Opinion Letter FLSA2020-11, addressed whether certain employees in the oilfield services industry...more

DirectEmployers Association

OFCCP Week In Review: August 2020 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fox Rothschild LLP

USDOL Revises FLSA Section 7(i) Retail Commission Exemption: Long Overdue And Very Welcome!

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I have handled a number of cases involving Section 7(i) of the Fair Labor Standards Act (“FLSA”) which provides an exemption from overtime for commissioned employees working for a so-called retail/service establishment. One...more

Mintz - Employment Viewpoints

DOL Withdraws FLSA Inside Sales Exemption Lists

The U.S. Department of Labor (“DOL”) issued a new final rule on May 19, 2020 recasting the Fair Labor Standard Act’s (“FLSA”) inside sales exemption, Section 7(i). This new rule – which took effect immediately – repeals two...more

Proskauer - Law and the Workplace

Wage and Hour Division Modifies Rules For FLSA’s Retail Sales Exemption

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

Fox Rothschild LLP

In Major Move, USDOL Makes It Easier For Employers To Claim The Commission Exemption Of 29 USC 207(i)—Outstanding!

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I have handled many cases involving the so-called commission exemption under the Fair Labor Standards Act, Section 207(i), and I can safely say that often a big stumbling block for the defendant (i.e. employer) is to show...more

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