In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the...more
1/17/2025
/ Appeals ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Over-Time ,
SCOTUS ,
Wage and Hour
Large Employer Vaccine-or-Test Mandate -
In a 6-3 decision, the United States Supreme Court yesterday issued a temporary stay of the OSHA Emergency Temporary Standard (ETS) requiring employers with 100 or more employees...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Last week, the U.S. Department of Labor published temporary regulations describing how businesses employing less than 50 employees can take advantage of the carve-out included in the Families First Coronavirus Response Act...more
The U.S. Department of Labor (DOL) announced that the Emergency Family and Medical Leave Expansion Act (COVID-19 FMLA Leave) and the Emergency Paid Sick Leave Act (COVID-19 Paid Sick Leave) components of the Families First...more
The U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking to increase the minimum salary for certain “white-collar” administrative, professional, and executive employees to be classified as “exempt” salaried...more
3/12/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
NPRM ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
The Obama-era overtime rule that was temporarily enjoined at the eleventh hour last fall has been permanently struck down as invalid. In late November 2016, a federal court in Texas issued a nationwide preliminary injunction...more
Last week, a federal court issued a nationwide preliminary injunction against the U.S. Department of Labor (DOL) that temporarily blocks the implementation of the DOL’s new overtime rule, which was scheduled to take effect on...more
11/28/2016
/ 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
The U.S. Department of Labor’s new overtime rule will take effect December 1st unless a federal judge in Texas issues an injunction after a hearing next week in an action challenging the rule. In the meantime, employers must...more
11/10/2016
/ Affordable Care Act ,
Department of Labor (DOL) ,
EEO-1 ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Form I-9 ,
Immigration Reform ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Non-Exempt Employees ,
Over-Time ,
Trump Administration ,
Wage and Hour ,
Wages ,
White-Collar Exemptions
The U.S. Department of Labor (DOL), at the direction of the White House, issued the long-anticipated final rule that substantially increases the minimum pay threshold necessary for certain “white-collar” administrative,...more
The U.S. Department of Labor (DOL), at the direction of the White House, issued the long-anticipated final rule that substantially increases the minimum pay threshold necessary for certain “white-collar” administrative,...more
The U.S. Department of Labor’s new overtime rules, which exponentially expands the number of workers eligible for overtime, are currently under review by the White House Office of Management and Budget (OMB). This means the...more