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White-Collar Exemptions Misclassification

Fisher Phillips

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

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What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more

Fox Rothschild LLP

What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unawares!

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As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions to more than $1000 per week. Although that will...more

Pillsbury Winthrop Shaw Pittman LLP

Practical Implications of the DOL’s Proposed Increase to the Minimum Salary Level for Exempt Employees

The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually. The proposed rule would also raise the threshold for “highly compensated...more

Kohrman Jackson & Krantz LLP

DOL Works to Limit the Number of Overtime Exempt Workers with Proposed New Rule

FAIR LABOR STANDARDS ACT (FLSA) OVERVIEW - The Fair Labor Standards Act (FLSA) requires that all covered employers pay their employees compensation for hours worked over forty per week at one and a half times their regular...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Ruling Shows FLSA Exemption May Be Narrower Than You Think

When determining whether an employee qualifies for a minimum wage and overtime exemption under the Fair Labor Standards Act, employers often quickly rule out most of the available exemptions. For example, the executive...more

Fox Rothschild LLP

The FLSA Salary Test Is Coming Around Again For Revision: Employers, Watch Out

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The US Department of Labor (DOL) may seek again, in 2023, to raise the salary threshold for a person to fit within a Part 541 white-collar exemption. The agency was going to announce its plans in April but it has been...more

Kohrman Jackson & Krantz LLP

Can the Justices Add Clarity to the Salary Basis Test for White Collar Overtime Exemptions?

The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have...more

Franczek P.C.

Even High Earning Supervisors Can Be Entitled to Overtime

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Wage and hour law is full of traps for the unwary. Even compensation practices that are well-accepted across an entire industry can sometimes create huge headaches for employers in the face of a legal challenge....more

Sherman & Howard L.L.C.

High Daily Pay Rates Can Satisfy FLSA’s Salary Exemption

The U.S. District Court for the District of Colorado decided that a sufficiently high day rate, although not a “salary” per se, was sufficient to satisfy the “salary basis” requirement for the FLSA’s white collar exemptions....more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

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Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Seyfarth Shaw LLP

An Employee Not Actually Engaged in the Company’s Core Function—its Primary Revenue Generator—Can Be Administrative Exempt

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Seyfarth Synopsis: In a clarification of the administrative/production dichotomy, the U.S. Circuit Court of Appeals for the Seventh Circuit has held that whether a duty is exempt under the FLSA’s administrative exemption may...more

Morgan Lewis

Seventh Circuit: No FLSA Collective Action Notice For Workers Subject To Individual Arbitration Agreements

Morgan Lewis on

In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more

Seyfarth Shaw LLP

Invitations (To Join FLSA Collective Actions) Have Consequences: Seventh Circuit Rules That FLSA Opt-In Notice Should Not Be Sent...

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Seyfarth Synopsis: An appellate court has ruled that a district court should not authorize notice of an FLSA suit to employees who are ineligible to join the suit because they agreed to resolve disputes exclusively through...more

Seyfarth Shaw LLP

2nd Cir. Rules Utilization Reviewer Was Exempt “Professional”

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit has affirmed summary judgment for the employer, Aetna, in an exempt misclassification overtime claim brought by a nurse reviewer. Agreeing that the plaintiff was properly classified as a...more

Cozen O'Connor

Employment Law Now: IV-51 - A New 2020 Vision

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In this first new episode of 2020 (Season 4), we look at the 15 hot topics your company should have on your list to think about....more

Jaburg Wilk

DOL Overtime Rules

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In September, the U.S. Department of Labor issued a long-awaited final rule updating the compensation requirements for the FLSA’s executive, administrative, and professional exemptions. The 2019 Final Rule is effective...more

Fisher Phillips

Washington Employers: Prepare For Significant Salary Increase To Meet Overtime Exemptions

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Washington’s Department of Labor and Industries just decided to substantially raise the state’s salary threshold to meet the salary basis test for “white collar” overtime exemptions. As set out more specifically below,...more

Best Best & Krieger LLP

[WEBINAR] 2019 Annual Labor & Employment Update

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From independent contractors to privacy to arbitration agreements - the California Legislature was busy in 2019 passing a wealth of new labor and employment laws that impact your business or agency. In this Best Best &...more

K&L Gates LLP

Working Wise – Volume 3

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1. CALIFORNIA LABOR LAW EXTENDS WAGE AND BENEFIT PROTECTIONS TO STATE’S GIG ECONOMY WORKERS - Workers in California’s “gig” economy – comprised of temporary positions, short-term engagements and independent contractors...more

Spilman Thomas & Battle, PLLC

DOL Adopts New Salary Threshold for White Collar Overtime Exemption

The Department of Labor (“DOL”) has revised its Overtime Rule that updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (“FLSA”) minimum...more

Woods Rogers

U.S. Department Of Labor Increases FLSA Salary Threshold

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On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay.  The final rule raises the standard salary level...more

Rosenberg Martin Greenberg LLP

Final Overtime Rule Announced

On September 24, 2019, the U.S. Department of Labor announced the Final Overtime Rule which will go into effect January 1, 2020.  The Overtime Rule changes the eligibility requirements for executive, professional and...more

Hutchison PLLC

Changes to Overtime Exemptions under the Fair Labor Standards Act

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In 2015, the U.S. Department of Labor introduced a proposed rule which would, in part, double the salary threshold required under the Fair Labor Standards Act (“FLSA”) to maintain exempt status under the “white-collar”...more

Jackson Walker

Millions of Employees Now Entitled to Overtime Under FLSA Final Rule

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On September 24, 2019, the Department of Labor issued an updated Final Rule on the Fair Labor Standards Act’s (FLSA) salary test threshold. Effective January 1, 2020, the Final Rule culminates over three years of activity...more

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