Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...more
1/4/2017
/ Appeals ,
Department of Labor (DOL) ,
Interlocutory Appeals ,
Minimum Salary ,
Motion To Intervene ,
Motion To Stay ,
Over-Time ,
Permanent Injunctions ,
Preliminary Injunctions ,
Wage and Hour ,
White-Collar Exemptions
The New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually)...more
On December 2, the U.S. Department of Labor filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that...more
Following a Texas court’s issuance of a nationwide preliminary injunction enjoining the new overtime rule on November 22, the U.S. Department of Labor filed a notice of appeal of the decision yesterday....more
A federal judge in Texas has enjoined the new overtime rule on a nationwide basis. Specifically, the U.S. Department of Labor is enjoined from “implementing and enforcing” the new rule (which would have raised the minimum...more
This special report provides a summary of some of the significant changes and developments that occurred in the past year in the private equity and hedge funds space, as well as certain recommended practices that investment...more
11/16/2016
/ Accredited Investors ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Annual Reports ,
Brazil ,
Broker-Dealer ,
Business Continuity Plans ,
CFTC ,
China ,
Compensation Agreements ,
Constitutional Challenges ,
Cybersecurity ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
EEO-1 ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Estate Planning ,
EU ,
European Securities and Markets Authority (ESMA) ,
Fair Labor Standards Act (FLSA) ,
Filing Requirements ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
Foreign Corrupt Practices Act (FCPA) ,
Form ADV ,
Hedge Funds ,
High Net-Worth ,
Hong Kong ,
Insider Trading ,
Insurance Industry ,
Liability Insurance ,
MiFID II ,
Minimum Salary ,
OCIE ,
Over-Time ,
Popular ,
Private Equity Funds ,
Private Investment Funds ,
Proposed Amendments ,
Protecting Americans from Tax Hikes (PATH) Act ,
Regulation AT ,
Regulatory Oversight ,
Required Forms ,
Retirement Plan ,
Rule 506(d) ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Separation Agreement ,
Tax Returns ,
UK Brexit ,
Unemployment Benefits ,
Valuation ,
Whistleblowers ,
White-Collar Exemptions
The new overtime rules—requiring a minimum weekly salary of $913 ($47,476 annually) for most exempt executive, administrative, or professional employees—are scheduled to take effect on December 1....more
Barring something completely unexpected, the new overtime rules—effectively setting a federal minimum wage of $913 per week ($47,476 per year) for most exempt executive, administrative, or professional employees—will take...more
10/12/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On September 28, 2016, the House of Representatives passed a bill to delay the effective date of the new overtime rule by six months (from December 1, 2016 to June 1, 2017). ...more
The House of Representatives has passed a bill to delay the effective date of the new overtime rule by six months (from December 1, 2016 to June 1, 2017). ...more
On December 1, 2016, the annual cost of classifying most executive, administrative, or professional employees as “exempt” from the overtime rules more than doubles ($23,660 to $47,476). Is your company ready for this change?...more
8/24/2016
/ Bonuses ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Sales Commissions ,
Standard Duties Test ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
The DOL has released detailed information about the new overtime exemption rule, which is expected to be published in the Federal Register on May 18, 2016. As predicted in our prior post, the new regulation will take effect...more
According to Bloomberg BNA, the DOL’s final overtime rule, which is expected to be released May 18, 2016, will take effect December 1, 2016, not within 60 days as previously indicated. This gives employers nearly 200 days to...more
Politico is reporting that DOL will announce the final overtime rule tomorrow, May 18, 2016, and that the new salary threshold for exempt executive, administrative, and professional employees will be $47,500. The duties...more
On Monday, March 14, 2016, the U.S. Department of Labor released its final overtime exemption rule to the White House Office of Management and Budget (OMB). The OMB will now conduct its concluding review of the regulation,...more
On March 2, 2016, the U.S. Court of Appeals for the Sixth Circuit held that residential loan underwriters of Huntington National Bank are administrative employees under the FLSA and therefore not entitled to overtime pay. ...more
In its February 16, 2017 decision in Tsyn v. Wells Fargo Advisors, LLC, Case No. 14-cv-02552-LB, the federal district court for the Northern District of California confirmed that licensed financial advisors qualified for the...more
On December 30, 2015, a federal district court in Manhattan ruled that a temporary contract attorney was not entitled to overtime under the Fair Labor Standards Act or the New York Labor Law for the time he spent assisting in...more
The U.S. District Court for the Northern District of Illinois ruled in the City of Chicago’s favor on December 10, 2015, denying police officers’ claims that they were owed overtime pay for their off-duty use of work-issued...more
In its Fall 2015 Semiannual Regulatory Agenda, published last week, the U.S. Department of Labor (DOL) estimated a July 2016 timetable for the publication of the Final Rule containing the agency’s changes to the “white...more
Employers continue to prepare for the forthcoming changes to the overtime rules, particularly the increases in the minimum salary required for exemption as an executive, administrative, or professional employee. The U.S....more
On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more
10/8/2015
/ Department of Labor (DOL) ,
Domestic Workers ,
Employee Rights ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Grace Period ,
Home Health Agencies ,
Home Healthcare Workers ,
Minimum Wage ,
Motion To Stay ,
New Regulations ,
Over-Time ,
Petition for Writ of Certiorari ,
SCOTUS ,
Wage and Hour
U.S. Department of Labor Wage and Hour Division chief David Weil reportedly told Congress yesterday that the agency won’t extend the 60-day public comment period for its proposed revisions to the FLSA’s “white collar”...more