News & Analysis as of

Fair Labor Standards Act (FLSA) Highly Compensated Employees Corporate Counsel

Jackson Lewis P.C.

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

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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

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

Vedder Price

Sixth Circuit Clarifies Requirements for a Salaried Employee to Be “Paid on a Weekly Basis” Under the FLSA.

Vedder Price on

On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be paid on a “weekly basis” for purposes of the...more

Constangy, Brooks, Smith & Prophete, LLP

Paid $270,400 per year and still owed overtime? Another court says yes.

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

BakerHostetler

Is Your Payroll Department Ready to Close Out 2024 and to Start 2025?

BakerHostetler on

The FLSA’s minimum wage and overtime requirements do not apply to any employee employed in a bona fide executive, administrative, or professional (EAP) capacity, nor do they apply to highly compensated employees who perform...more

Dorsey & Whitney LLP

A Federal District Court Struck Down the Department of Labor’s Minimum Salary Increase for Exempt Employees: Now What?

Dorsey & Whitney LLP on

On November 15, 2024, the United States District Court for the Eastern District of Texas overturned a 2024 rule that raised the salary threshold for workers to qualify for an exemption under the Fair Labor Standards Act...more

Winthrop & Weinstine, P.A.

Employment Law Update: Frequently Asked Questions About Texas Court Ruling Vacating DOL 2024 Overtime Rule

On November 15, 2024, a federal court judge in the Eastern District of Texas vacated and set aside the Department of Labor’s (“DOL”) 2024 rule that raised the salary minimums for overtime-exempt employees under the Fair Labor...more

BakerHostetler

Is It Dead? The Department of Labor’s 2024 Rule Increasing the Minimum Salary Threshold for Exempt Employees Is Vacated - For Now

BakerHostetler on

On Friday, November 15, in State of Texas v. DOL et al., Case No. 4:24-CV-499-SDJ, 4:24-CV-468-SDJ, the United States District Court for the Eastern District of Texas vacated the Department of Labor’s (DOL) 2024 Salary...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Federal Judge Appears Poised to Strike Down DOL Overtime Rule

A federal judge in Texas seemed skeptical that the U.S. Department of Labor (DOL) did not overreach with its latest rule that raised the minimum salary thresholds to the Fair Labor Standards Act’s (FLSA) white-collar overtime...more

Foley & Lardner LLP

Reminder — Minimum Salary Requirements for Exempt Employees Increase on January 1, 2025

Foley & Lardner LLP on

As we wrote about earlier this year, the U.S. Department of Labor (DOL) finalized a rule on April 23, 2024, increasing the standard salary level for the “white collar” exemptions under the Fair Labor Standards Act (FLSA) at...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Considers Whether Labor Department Has Authority to Require Minimum Salary for Exemptions

The Department of Labor’s decision to significantly increase the minimum salary required to claim the so-called white-collar exemptions from federal overtime requirements has prompted legal challenges from employers. ...more

Fisher Phillips

How Does the New Overtime Rule Impact Highly Compensated Employees? 5 Answers for Employers

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Many employers are scrambling to comply with the Labor Department’s new salary threshold for employees who are exempt from overtime pay under the white-collar exemptions. As the July 1 deadline for phase one rapidly...more

Epstein Becker & Green

DOL Offering Webinars on Final Overtime Rule

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As we have previously addressed, the U. S. Department of Labor (DOL) has issued its final rule raising salary thresholds for overtime exemptions under the federal Fair Labor Standards Act (FLSA) effective January 1, 2025. ...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Littler

DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions

Littler on

On August 30, 2023, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations applicable to executive,...more

Littler

Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

Littler on

On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the...more

Parker Poe Adams & Bernstein LLP

Supreme Court Case on Highly Compensated Employees Will Test Limits of FLSA Salary Test

Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more

Foley & Lardner LLP

Staffing Companies Beware - The Halloween Nightmare of DOL Audits

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Employers should be aware that the US Department of Labor (DOL) has ramped up its scrutiny of payroll practices by staffing companies, through comprehensive audits targeted on overtime classification. Of late, the DOL...more

Jackson Lewis P.C.

Looking Ahead: Upcoming U.S. Supreme Court Cases Employers Need to Know

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The U.S. Supreme Court decisions that were issued in June 2022 had a significant impact on employers, and employers are now looking at implementing policies and practices in response to the decisions....more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Holland & Knight LLP

En Banc Fifth Circuit Holds Highly Paid Rig Worker Not Covered by FLSA Overtime Exemption

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In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more

Holland & Knight LLP

Federal Judge Rules Day Rate Can Be a Salary for FLSA Exemptions

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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

Bradley Arant Boult Cummings LLP

Not a Bad Place to Be: Fifth Circuit Addresses the “Highly Compensated” Exemption Under the FLSA

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

Smith Anderson

U.S. DOL Issues Three New Opinion Letters

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The U.S. Department of Labor’s Wage and Hour Division (WHD) released three new opinion letters last week that address various compliance requirements under the Fair Labor Standards Act (FLSA). In its accompanying press...more

Foley & Lardner LLP

When Is A Seemingly Exempt Employee Not Truly Exempt?

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Exemption rules under the Fair Labor Standards Act (FLSA) are complicated and can often be frustrating for employers. Determining which employees in a workforce may or may not be exempt from entitlement to overtime pay...more

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