A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more
11/20/2017
/ Administrative Procedure Act ,
Chamber of Commerce ,
Compensation ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Inflation Adjustments ,
Minimum Salary ,
Notice and Comment ,
Obama Administration ,
Request For Information ,
Secretary of Labor ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more
8/16/2017
/ Back Wages ,
Calculation of Damages ,
Department of Labor (DOL) ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
We have written previously about how important the "workweek" concept is in complying with the federal Fair Labor Standards Act's minimum-wage and overtime requirements.
An FLSA workweek is a fixed, regularly-recurring...more
In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more
11/23/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
We have previously cautioned that (with one very limited exception) federal Fair Labor Standards Act regular-rate principles do not support paying a fixed salary that "includes" FLSA overtime premium for varying numbers of...more
The December 1 effective date for the increased dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions is now only a little more than two months away.
In addition...more
There appears to be some continuing misunderstanding about exactly which exempt employees might be affected by the December 1 increase in the minimum salary amount required to meet the basic compensation criterion for an...more
Famous last words in the wage-hour Hall of Infamy include, "Let's write the job descriptions to make them exempt." The problem is, job descriptions do not "make" employees exempt.
It is essential that employers steer...more
Recent Congressional initiatives have targeted the impending increases in the U.S. Labor Department's dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions.
There...more
Once the U.S. Labor Department's revised definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions take effect, employers will be allowed to:
- Pay as little as 90% of the new $913...more
At long last, the U.S. Labor Department has disclosed the details of its final revised regulations defining the executive, administrative, professional, "outside salesman", and derivative exemptions under the federal Fair...more
We have said for a while now that a "fluctuating workweek" pay plan might suit some employers' needs as to workers whom they will no longer treat as overtime-exempt in light of the U.S. Labor Department's coming federal Fair...more
According to Bloomberg BNA, reports are that the new minimum salary for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions will annualize to "about" $47,000. The actual salary requirement is not...more
The U.S. Labor Department's commentary regarding its proposed federal Fair Labor Standards Act Section 13(a)(1) exemption regulations said that it might "permit" employers to "count" or "credit" against the impending higher...more
Coming changes in at least some of the U.S. Labor Department's definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions are leading employers to evaluate whether employees they treat...more
In July 2015, the U.S. Department of Labor (USDOL) published proposed regulations that could alter whether you may or should treat employees as being exempt from the minimum-wage and overtime requirements of the federal Fair...more
Employers are of course continuing to evaluate the impact of the U.S. Labor Department's proposed increase in the minimum dollar amount for the federal Fair Labor Standards Act's Section 13(a)(1) exemptions' salary...more
At long last, the anxiously-awaited proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have been...more
The anxiously awaited proposed changes in regulations defining the federal Fair Labor Standards Act’s Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have been published by...more
It has been widely anticipated that the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative...more
Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption? At the risk of giving the proverbial "lawyer's answer", it depends. Is...more
U.S. Secretary of Labor Tom Perez has announced that proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have...more
Our April 27 post gave an example of how to reduce the financial impact of a previously-exempt employee's becoming subject to the federal Fair Labor Standards Act's overtime requirement. The illustration had to do with the...more
No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments earlier). But whenever this...more
For years, The Big Corporation has treated its Department Supervisors as meeting all of the requirements for the executive exemption from the federal Fair Labor Standards Act's minimum-wage and overtime requirements. However,...more