News & Analysis as of

Highly Compensated Employees Exemptions

Foley & Lardner LLP

Tricky Compliance Issues for Companies When an Executive Terminates Employment: 409A Applicability to Severance

Foley & Lardner LLP on

Executive employment relationships are rarely permanent. When an executive or other senior-level employee terminates employment, companies often must deal with difficult tax, equity, and benefits issues that arise in...more

Lathrop GPM

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

Lathrop GPM on

As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete...more

Ward and Smith, P.A.

New Year, (Potentially) New Rules?

Ward and Smith, P.A. on

Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

Bradley Arant Boult Cummings LLP

2024 Already?! The Types of Issues Employers Will Be Facing in the New Year

Well, that went fast. The year 2023 is coming to a close, and 2024 is shaping up to be a challenging year for employers with several potential changes and challenges lurking on the horizon...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more

Fox Rothschild LLP

Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t...

Fox Rothschild LLP on

This is a day I have been waiting for. The Supreme Court has decided to take on a case in which it will decide whether someone earning more than $200,000 per year, albeit paid on a day rate, can nonetheless meet the FLSA test...more

Fox Rothschild LLP

Supreme Court Will Likely Resolve Circuit Split On Highly Paid Workers And The FLSA Salary Test: A Big Deal!

Fox Rothschild LLP on

The issue of the salary test for FLSA exemptions has been explored and analyzed through numerous cases. It is counterintuitive to think that an employee very highly paid for doing managerial, supervisory work could be...more

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

Colorado’s November 2021 Rulemaking: ‘Use It or Lose It’ PTO Is Finally Dead, and Other Highlights

On November 10, 2021, after a public hearing and comment submission period, the Colorado Department of Labor and Employment (CDLE) published three final rules: (1) the Colorado Overtime and Minimum Pay Standards Order #38...more

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