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During the Biden administration, the U.S. Department of Labor (DOL) issued a final regulation (the “2024 Rule”) seeking to increase the salary threshold for overtime eligibility for the “white-collar” exemption (also referred...more
Employers were granted a reprieve last fall when a federal court invalidated the U.S. Department of Labor’s (DOL’s) final rule increasing the minimum salary requirements for the “white collar” or “EAP” exemptions (executive,...more
On April 1, a U.S. appeals court showed that the salary basis requirement is alive and well, regardless of how highly compensated an employee might be. The decision is a reminder to businesses that simply paying a guaranteed...more
Starting a new year is a good opportunity for employers to review compensation structures to ensure sure they are paying their employees enough to meet the salary thresholds necessary for an employee to maintain their exempt...more
The U.S. Department of Labor (DOL) is appealing a U.S. district judge’s recent ruling striking down the agency’s final rule “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales,...more
When it comes to determining which employees are exempt from overtime pay, the U.S. Department of Labor has maintained the power to “define” and “delimit” the terms of the Administrative, Executive, and Professional (“EAP”)...more
In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero...more
Under California law, an employee is exempt from California’s overtime requirements and other wage and hour laws if the person is employed in an administrative capacity. To meet this exemption, California’s wage orders and...more
Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more
Sometimes employment laws can make the common person’s head spin. That certainly could be the case for a recent Fifth Circuit opinion examining the “highly compensated” regulatory exemption from the overtime requirements of...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) officially sent its notice of proposed rulemaking (NPRM) to revise the Part 541 regulations to the Office of Information and Regulatory Affairs (OIRA) of the...more
You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which invalidated the Obama administration’s overtime rule. The...more
On October 30, 2017, the Department of Labor (DOL) indicated that it intends to appeal to the Fifth Circuit a federal district court ruling from 2016 that invalidated Obama-era overtime changes....more
As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a...more
On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more
The U.S. Department of Labor has finally filed a Reply Brief supporting its request that the Fifth Circuit U.S. Court of Appeals overturn last November's preliminary injunction that blocked the salary-related changes in the...more
On January 9, 2017, the U.S. Ninth Circuit Court of Appeals ruled in Navarro v. Encino Motorcars, for the second time, that service advisors at automotive dealerships are not exempt from overtime. In 2015, the Ninth Circuit...more
Is the Department of Labor (DOL) overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political...more
Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas has decided that he will not halt the lawsuit challenging the U.S. DOL’s new overtime exemption rules pending a ruling from the 5th Circuit Court...more
On November 23, we reported that a federal judge in Texas had issued an injunction blocking implementation of the long-awaited new Fair Labor Standards Act exemption regulations. Those regulations would have, among other...more