News & Analysis as of

Fair Labor Standards Act (FLSA) Exempt-Employees

Akerman LLP - HR Defense

The FLSA Companionship Services and Live-In Exemptions May Be Revived for Home Care Agencies

Home care agencies and other third-party employers may soon be able to reclaim the Companionship Services and Live-In Exemptions for caregivers and other domestic service employees, after more than a decade of exclusion, due...more

Whiteford

Employment Law Update: U.S. Department of Labor Unveils Its Regulatory Agenda

Whiteford on

Employers around the country may have breathed a sigh of relief upon learning of the DOL’s regulatory agenda released yesterday. Claiming to put “American Workers, Businesses First…,” the DOL confirms it will be undoing...more

Jackson Lewis P.C.

Home Care Agencies and Their Clients Could Get Relief Through DOL Proposal to Reinstate Companionship, Live-In Exemptions

Jackson Lewis P.C. on

The “companionship services” exemption to Fair Labor Standards Act (FLSA) minimum wage and overtime requirements would again be available to third-party agencies that employ home caregivers and live-in domestic service...more

Fisher Phillips

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

Fisher Phillips on

As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

Bradley Arant Boult Cummings LLP

Back to the Exemptions? Possible Changes to Home Health and Personal Care Worker Wage Regulations

Are home health and personal care workers eligible for overtime? That is a more complicated question than it first appears. In fact, it could be about to change again as certain providers of home health and personal care...more

Whiteford

Employment Law Update: Danger, Employers, Danger! How Machine Intelligence Is Pushing White-Collar Employees Toward Overtime...

Whiteford on

Artificial intelligence (AI) is rapidly automating the very tasks that once anchored white-collar exemptions under the federal Fair Labor Standards Act (FLSA) and comparable state laws. When algorithms screen résumés, rank...more

Whiteford

Employment Law Update: Home Healthcare Companionship Exemption – Is It Back?

Whiteford on

Home healthcare employers – take note. The U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-4 on July 25, 2025 (FAB), announcing that it will immediately stop enforcing the...more

Kerr Russell

Wage and Hour Self-audit Program May Allow Employers to Correct Wage Errors

Kerr Russell on

Many employers unknowingly classify employees as exempt from overtime pay or fail to correctly calculate wages and, in some cases, entitlement to unpaid leave time. This can result in significant liability under the Fair...more

Kerr Russell

Supreme Court and Sixth Circuit Case Law Updates

Kerr Russell on

From the U.S. Supreme Court to the Sixth Circuit Court of Appeals, courts have issued rulings that clarify — and in some cases, reshape — key aspects of labor and employment law....more

Jackson Lewis P.C.

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Fifth Circuit clarifies how courts should apply the Fair Labor Standards Act’s (FLSA’s) highly compensated employee (HCE) exemption and distinguishes the exemption from...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Proposes Expanding FLSA Exemption for Home Care Services

Earlier this month, the U.S. Department of Labor proposed regulations that would substantially reduce overtime obligations for home care and related employers. ...more

McGlinchey Stafford

5th Circuit Clarifies Highly Compensated Employee Exemption

McGlinchey Stafford on

The highly compensated employee (HCE) exemption under the Fair Labor Standards Act (FLSA) is one of the most complex exemptions in employment law. In the recent case of Gilchrist, et. al. v. Schlumberger Technology Corp.(5th...more

Maynard Nexsen

Hold that Paycheck! Navigating Unpaid Suspensions for Exempt Employees

Maynard Nexsen on

On those (hopefully) rare occasions when a supervisor or other exempt employee must be suspended without pay for disciplinary reasons, employers should take special care to ensure that the unpaid suspension does not result in...more

Robinson & Cole LLP

Legal Update: DOL Proposes to Expand Availability of Companionship and Live-In Domestic Service FLSA Exemptions

Robinson & Cole LLP on

Employers in the home health care industry should take note of a recent proposal by the U.S. Department of Labor (DOL) that could change the way employees providing companionship services and live-in domestic services are...more

Littler

DOL Proposes Rule to Reinstate Companionship & Live-in Exemptions from Minimum Wage and Overtime for Third-Party Employers

Littler on

On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by...more

Whiteford

Employment Law Update: Virginia Bans Noncompete Agreements with Non-Exempt Employees

Whiteford on

Virginia has further restricted noncompete agreements. Effective July 1, 2025, Virginia Code § 40.1-28.7:8 will prohibit Virginia employers from entering into non-competition agreements with employees who are classified as...more

Littler

Littler’s Semi-Annual Rates Update for Minimum Wage, Tips, and Exempt Pay Increases on July 1, 2025 (and Other Developments)

Littler on

Summer is upon us. Beaches, barbecues, and wage increases for non-exempt, exempt, and tipped employees! While some might not be as thrilled about the last item, we are excited to help employers across the United States...more

Cranfill Sumner LLP

Hiring Seasonal Employees for the Summer? Catch Up on the Latest in Federal Overtime Law.

Cranfill Sumner LLP on

With summer nearing, employers across North Carolina and the country are swelling their ranks with seasonal employees. This article aims to update employers about the current state of federal law for paying workers who work...more

Offit Kurman

Virginia Expands Non-Compete Restrictions for Employers

Offit Kurman on

Virginia Governor Glenn Youngkin has signed Senate Bill 1218 into law, amending the state’s non-compete statute. Effective July 1, 2025, the updated law will broaden restrictions on non-compete agreements in Virginia....more

Fisher Phillips

The Tech Employer’s Guide to FLSA Exemptions + Your Compliance Action Plan

Fisher Phillips on

Tech employers have a wide range of workers, which increases the risk of misclassifying employees as exempt from overtime pay. Since violations of the Fair Labor Standards Act (FLSA) can result in significant penalties and...more

Ballard Spahr LLP

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers

Ballard Spahr LLP on

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

Troutman Pepper Locke

Changes to Virginia’s Noncompete Statute

Troutman Pepper Locke on

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the...more

Hogan Lovells

Virginia to ban non-competes for non-exempt employees, effective July 1, 2025

Hogan Lovells on

On March 24, 2025, Virginia Governor Glenn Youngkin signed Senate Bill 1218 into law, expanding the Commonwealth’s restrictions on non-competition agreements. Effective July 1, 2025, Virginia employers will be prohibited from...more

Franczek P.C.

Department of Labor Signals Rescission of FLSA Exemption Salary Thresholds

Franczek P.C. on

The Trump Administration has signaled it intends to reconsider the previously enjoined 2024 rule that would have increased the minimum salary threshold required for an employee to be exempt from overtime under the Executive,...more

Jackson Lewis P.C.

Reprieve Extended? DOL to Halt Efforts to Restore 2024 Minimum Salary Rule for Exempt Employees

Jackson Lewis P.C. on

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

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