News & Analysis as of

Wage and Hour Fair Labor Standards Act (FLSA) Non-Exempt Employees

Vorys, Sater, Seymour and Pease LLP

Federal Court Invalidates the DOL’s Final Overtime Rule

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor’s (DOL) final rule raising the salary thresholds for being exempt from overtime under the Fair Labor Standards...more

Parker Poe Adams & Bernstein LLP

FLSA Requires Pay for Commuting Time to and From Overnight Worksite

The Fair Labor Standards Act contains complex rules for determining whether non-exempt employee travel is compensable working time. In most circumstances, time spent commuting to and from work is not considered FLSA working...more

Fisher Phillips

How Will the New Overtime Rule Impact Your Business This Comp Season? 10 Tips for Employers

Fisher Phillips on

As the final quarter of 2024 begins, many employers are turning to the year-end review process. While you’re planning for raises, bonuses, and other employee incentives this comp season, you’ll need to account for the new...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

The DOL Establishes Salary Levels for 2024/2025 Overtime Pay Exemptions under the FLSA—and Has Substantially Increased Them

As we previously discussed, the United States Department of Labor (the “DOL”) issued a final rule in the spring of 2024 (the “2024 Rule”) substantially increasing the minimum salary level for the executive, administrative,...more

Maynard Nexsen

What’s next? The Potential Impact of the Fifth Circuit’s Mayfield Decision on the 2024 DOL Minimum Salary Rule

Maynard Nexsen on

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit joined four other federal courts and held that the U.S. Department of Labor (DOL) has statutory authority to impose a minimum salary threshold to qualify...more

Ward and Smith, P.A.

A Short Refresher On Discrete Legal Issues During Natural Disasters

Ward and Smith, P.A. on

As they say, an ounce of prevention is worth a pound of cure.  In that spirit, what follows are certain pay and leave issues employers may confront during times of natural disaster – all of which are better to be thought...more

Seyfarth Shaw LLP

Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid...more

Fisher Phillips

Reclassifying Employees to Non-Exempt Status? Consider a “Percentage Bonus” to Avoid Costly Overtime Pay Mistakes

Fisher Phillips on

Many employers are planning to reclassify employees to non-exempt status now that the Labor Department is significantly raising the salary threshold for employees to be exempt from overtime pay. You likely know that...more

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

Alabama Amends State Income Tax Exemption for Overtime Payments

In November 2023, Alabama enacted a law exempting, from Alabama state income tax, amounts received by full-time hourly wage-paid employees as compensation for overtime worked. On May 17, 2024, Alabama amended the Overtime...more

Parker Poe Adams & Bernstein LLP

First Circuit Reminds Employers That Inside Sales Positions Are Non-Exempt

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

NAVEX

The Department of Labor Overtime Rule: A Compliance Guide for SMBs

NAVEX on

A final rule issued by the Department of Labor (DOL) revises the salary requirements for determining minimum wage and overtime pay exemptions under the Fair Labor Standards Act (FLSA). This article reviews the rule changes...more

Pullman & Comley - Labor, Employment and...

Important Wage Alert Regarding the DOL’s Final Rule Increasing the Salary Level for the Executive, Administrative and Professional...

Effective July 1, 2024, the U.S. Department of Labor’s new overtime rule took effect throughout the country, except in the state of Texas (where due to ongoing litigation, Texas employees that are employed by the state of...more

Miller & Martin PLLC

Step One of the DOL Final Rule Increasing FLSA Exemption Salary Thresholds Is Now in Effect

Miller & Martin PLLC on

As our prior legal alert detailed, the Wage and Hour Division of the Department of Labor on April 23, 2024 announced its Final Rule increasing salary thresholds for the Executive, Administrative, and Professional (“EAP”)...more

Freeman Law

DOL Final Rule on Exempt Employee Salary Thresholds

Freeman Law on

On July 1, 2024, the Department of Labor’s final rule on exempt employee compensation thresholds went into effect. Each of the regulations sections 541.100 (executive employee), .200 (administrative employee), and .300...more

Nelson Mullins Riley & Scarborough LLP

DOL Overtime Rule Blocked for Employees of State of Texas

On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas.  As discussed in a...more

FordHarrison

New Update on Litigation Challenging the DOL's 2024 Salary Rule

FordHarrison on

Executive Summary: On July 1, 2024, the federal court for the Northern District of Texas issued a decision in Flint Avenue, LLC v. U.S. Department of Labor, denying the plaintiff employer’s request for a nationwide...more

Franczek P.C.

Tech Firm’s Attempt to Block Overtime Rule Falls Short

Franczek P.C. on

After a federal judge in the Eastern District of Texas blocked the DOL’s new overtime exemption rule as it pertains to Texas state employees, another judge in the Northern District of Texas declined to issue a similar...more

Franczek P.C.

Will The New Overtime Rule Take Effect July 1?

Franczek P.C. on

The clock is quickly ticking down to July 1, when the U.S. Department of Labor’s new rule increasing the minimum salary for many employees to be considered exempt from overtime under the Fair Labor Standards Act is supposed...more

Littler

Rates Up, Dude – Surfing the Wave of U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases that Will Occur on July 1, 2024

Littler on

While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more

CDF Labor Law LLP

Get Ready for July 1, 2024 Federal Increased Salary Thresholds

CDF Labor Law LLP on

The U.S. Department of Labor (“DOL”) issued its much-anticipated Final Rule, which increases the salary threshold that determines whether employees are exempt from overtime pay under the Federal Law, Fair Labor Standards Act...more

Locke Lord LLP

Pay Bump: The Department of Labor Releases Final Rule Increasing Minimum Salary ‎Threshold for White Collar Exemptions

Locke Lord LLP on

In a development somewhat overshadowed by the release of the more-publicized Federal Trade Commission’s recent non-compete-ban, the DOL’s final overtime rule, Defining and Delimiting the Exemptions for Executive,...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

CDF Labor Law LLP

Legal Challenges to New DOL Rule Increasing Salary Basis for Exempt Status under FLSA

CDF Labor Law LLP on

A new Department of Labor (DOL) Overtime Rule (2024 OT Rule) which raises the salary threshold for white-collar exemptions scheduled to go into effect on July 1, 2024 is facing legal challenges. On May 22, 2024, several...more

Nelson Mullins Riley & Scarborough LLP

DOL Announces Rule Increasing Minimum Salary Threshold for Exempt Employees

The U.S. Department of Labor (DOL) announced on April 23 a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July...more

Manatt, Phelps & Phillips, LLP

Pay Up: DOL Increases Salary for Exempt Workers

The Department of Labor (DOL) has released its final rule increasing the minimum salary employers must pay to most exempt workers under the Fair Labor Standards Act (FLSA)....more

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