News & Analysis as of

Wage and Hour Salaried Employees Employment Litigation

Shook, Hardy & Bacon L.L.P.

New York Court Rules That Employees Can Sue for Untimely Payment of Earned Salary

In Rosalba Espinal v Sephora USA, Inc. 2024 WL 4241537 (S.D.N.Y.), Judge Paul A. Engelmayer held that employees engaged in manual labor have a private right of action under New York Labor Law (NYLL) §198 (1-a) for the...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Carlton Fields

Alabama Federal Court Seals and Approves FLSA Settlement Agreement, Addresses Confidentiality Provision

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The plaintiff was employed by defendant Pilot Catastrophe Services Inc. as an insurance claims adjuster, where she was responsible for inspecting property damage claims and providing damage estimates to insurance companies....more

Arnall Golden Gregory LLP

Injunction Junction: Judicial Challenges to New Employment Rules

April 2024 saw a whirlwind of activity on the employment front as executive federal agencies issued a wave of new rules. On April 15, 2024, Equal Employment Opportunity Commission (“EEOC”) announced its final rule...more

Parker Poe Adams & Bernstein LLP

Guarantee of Fraction of Total Compensation Does Not Meet FLSA Salary Requirements

In order to claim overtime exempt status under the Fair Labor Standards Act’s white-collar exemptions, the position in question must meet both the duties and salary tests set forth under Department of Labor regulations. The...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 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

Woods Rogers

Are Your Highly Compensated Employees Exempt Under FLSA?

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On February 22, 2023, the Supreme Court of the United States issued an important decision under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions Group Inc. et al. v. Michael J. Hewitt, the Court determined that...more

Lippes Mathias LLP

Helix Supreme Court Decision Finds That Daily Pay Rate Employee Making Six Figure Income Can Collect Overtime Under FLSA

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On February 22, 2023, the Supreme Court of the United States issued a decision in Helix Energy Solutions Group, Inc. v. Hewitt finding that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair...more

Lathrop GPM

Supreme Court Finds Highly Compensated Supervisor Entitled to Overtime Pay Under the FLSA

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In a recent opinion (Helix Energy Sols. Grp., Inc. v Hewitt), the Supreme Court held that a highly compensated supervisor paid on a daily-rate basis was not an executive exempt from the Fair Labor Standards Act’s (FLSA)...more

Venable LLP

SCOTUS Holds Highly Compensated Daily-Rate Employees May Be Entitled to Overtime

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On February 22, 2023, the Supreme Court clarified the requirements for highly compensated employees to be considered executives exempt from overtime pay under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions...more

Mintz - Employment Viewpoints

Supreme Court Clarifies the Meaning “Salary Basis” Under Federal Overtime Law

The U.S. Supreme Court recently held that an employee who earned in excess of $200,000 annually was entitled to overtime pay because he did not qualify for the FLSA’s highly compensated employee exemption. This decision –...more

Burns & Levinson LLP

SCOTUS on Salaried Employees and Overtime Pay

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In Helix Energy Solutions Group, Inc. v. Hewitt, a 6-3 decision issued on February 22, 2023, the United States Supreme Court decided what “salary” means for purposes of applying the regulations exempting highly compensated...more

Brooks Pierce

SCOTUS Ruling Reinforces FLSA Overtime Requirements and Exemptions

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In its most recent employment decision, the Supreme Court rejected an employer’s efforts to avoid paying overtime to a highly-compensated oil rig employee, finding that the employee’s daily pay rate did not satisfy the...more

Perkins Coie

Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee

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Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In...more

Ballard Spahr LLP

SCOTUS Rules That Worker Who Was Paid High Daily Wage is Non-Exempt and Entitled to Overtime Pay

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On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor...more

McGuireWoods LLP

Supreme Court Upholds Ruling That FLSA Overtime Exemption Didn’t Apply to Day-Rate Rig Worker

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On Sept. 9, 2021, the U.S. Court of Appeals for the Fifth Circuit held a highly compensated rig worker was not exempt from the Fair Labor Standards Act’s (FLSA’s) overtime requirements because the employee was paid on a day...more

Epstein Becker & Green

Supreme Court’s Helix Energy Solutions Group Decision Clarifies Salary-Basis Test for Highly Compensated Employees

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As we reported earlier this week, on February 22, 2023, the Supreme Court issued its decision in Helix Energy Solutions Group, Inc. v. Hewitt, finding that a daily-rate worker who earned over $200,000 annually was not exempt...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Helix Energy Solutions Group, Inc. v. Hewitt

On February 22, 2023, the United States Supreme Court issued a decision in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, holding that a “daily rate worker” was not exempt from the FLSA’s overtime guarantees...more

BakerHostetler

Supreme Court Adopts Strict Construction of Salaried Test, Even for Highly Paid Exempt Employees

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One relatively common misapprehension by employers is that generous wages or popular methods of payment will satisfy the Fair Labor Standards Act (FLSA). On February 22, 2023, the Supreme Court reiterated the need not simply...more

Fisher Phillips

Supreme Court to Decide Whether Highly Compensated Supervisors Paid by the Day Should Get FLSA Overtime Pay

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Employers may be shocked to learn that a supervisor who earns $200,000 a year could be entitled to overtime pay, but the Supreme Court might very well decide you could be on the hook for such payments in the near future....more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Hear Case Involving Need to Pay Highly Compensated Employee on Salaried Basis

The Fair Labor Standards Act (FLSA) provides a number of exemptions from its overtime and minimum wage requirements for employees paid on a salaried basis. FLSA rules also allow certain highly compensated employees (currently...more

Fisher Phillips

The Importance of Getting the California “Regular Rate” Right

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While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more

Holland & Knight LLP

En Banc Fifth Circuit Holds Highly Paid Rig Worker Not Covered by FLSA Overtime Exemption

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In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more

Gray Reed

Fifth Circuit Tells the Oil Patch That a Day Rate is Not a Salary

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Under the Fair Labor Standards Act, what is required for an employee to be exempt from overtime pay? Ordinarily, it’s a guaranteed minimum salary. As the Department of Labor has explained, being paid on a “salary basis” means...more

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