News & Analysis as of

Non-Exempt Employees Labor Regulations Fair Labor Standards Act (FLSA)

Epstein Becker & Green

Time is Money: A Quick Wage-Hour Tip on … DOL Confirms Managers Are Blocked from Tip Pool Even When Working in Non-Supervisory...

Epstein Becker & Green on

Section 3(m)(2)(B) of the FLSA prohibits employers, including managers or supervisors, from keeping any portion of an employee’s tips. Accordingly, the law has been clear that a manager or supervisor cannot participate in a...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL proposes to expand minimum wage, OT protections by increasing minimum salaries for White Collar exemptions

After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more

Bass, Berry & Sims PLC

U.S. Supreme Court Rules That a Highly Compensated Employee Paid on a Daily-Rate Basis is Entitled to Overtime Pay

Bass, Berry & Sims PLC on

The U.S. Supreme Court recently ruled that a highly compensated employee who was paid a guaranteed daily rate but not a guaranteed weekly rate was not properly paid “on a salary basis” and, therefore, was not correctly...more

Vinson & Elkins LLP

Energy Industry Take Note – Should You Be Paying Overtime to Your Highly Paid Employees?

Vinson & Elkins LLP on

The energy industry has long been a source of high-skilled and well-paid jobs, many paying six figures per year to employees. For those jobs, it’s easy for employers to get lulled into a false sense of security when figuring...more

Littler

Pennsylvania Repeals Rule Increasing Salary Threshold for White Collar Exemption and Restores State Law Exemptions to 1968 FLSA...

Littler on

As a result of a compromise reached during recent budget negotiations, Pennsylvania repealed an administrative rule that would have substantially increased the salary threshold needed to qualify as an exempt executive,...more

Perkins Coie

New Overtime Requirements for Washington Agricultural Workers

Perkins Coie on

In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172 (SB5172),...more

Epstein Becker & Green

Colorado Officially Increases the Minimum Salary Threshold for Exempt Employees and Makes Changes for Non-Exempt Employees Too

Epstein Becker & Green on

As previously discussed, Colorado has taken steps to increase the salary threshold for employees that fall under the “white collar” exemptions, following in the footsteps of Alaska, California, New York, Maine, and Washington...more

Epstein Becker & Green

Washington and Maine Approve Salary Increases for White Collar Exemptions in the New Year, with Colorado Poised to Follow Suit

Epstein Becker & Green on

As previously discussed, the federal Department of Labor has begun the process of increasing the minimum salary threshold for employees that fall under the “white collar” exemptions. Joining Alaska, New York, and California,...more

FordHarrison

How the FLSA and Netflix Have Updated Their Approaches in Today’s Modern World

FordHarrison on

Earlier this year, I wrote about the numerous streaming service options that were available to consumers and how this made it difficult to decide which services to utilize, if any, as alternatives to cable. At the time, I was...more

Epstein Becker & Green

Department of Labor Issues Final Rule Updating Regulations Addressing When Pay and Benefits Factor into the FLSA Regular Rate

Epstein Becker & Green on

On December 16, 2019, the United States Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register a Final Rule updating the Fair Labor Standards Act (“FLSA”) regulations that govern, among other...more

Ballard Spahr LLP

DOL Issues Final Rule on ‘Regular Rate’

Ballard Spahr LLP on

The Department of Labor released a final rule that codifies a majority of the changes it proposed to the “regular rate” regulations earlier this year. These changes will take effect on January 15, 2020....more

Littler

Washington State Radically Increases Minimum Salary, Fee and Hourly Rates for White Collar Overtime Exemptions

Littler on

On December 11, 2019, the Washington Department of Labor & Industries announced its final rule amending Washington State’s white collar overtime exemption regulations.  If not overridden by the Legislature or successfully...more

Bricker Graydon LLP

Salary threshold changes could make more school district employees eligible for overtime pay

Bricker Graydon LLP on

On September 24, 2019, the United States Department of Labor issued a new rule revising the salary threshold for the so-called “white collar exemptions.” While this new rule will not affect teachers, it may affect other...more

Troutman Pepper Locke

Pennsylvania Supreme Court Confirms That Employers Cannot Use Fluctuating Workweek Method of Calculating Overtime

Troutman Pepper Locke on

Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know? ...more

Epstein Becker & Green

Time Is Running Out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

Epstein Becker & Green on

As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”)  are set to go into effect on January 1, 2020. That deadline is sneaking up fast....more

McNees Wallace & Nurick LLC

Pennsylvania Senate Passes Minimum Wage Hike, and New State Overtime Exemption Regulations are Withdrawn

Major developments in the area of wage and hour law are happening right now in Harrisburg and happening quickly.  These developments may have a significant impact on Pennsylvania employers in 2020 and beyond....more

Littler

Fall Regulatory Agenda Indicates DOL Wage and Hour Division is Working on Seven Regulatory Priorities

Littler on

The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019.  Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities.  Only one of these is new: a...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … State Salary Thresholds for Certain Exempt Employees

Epstein Becker & Green on

After a false start three years ago, the federal Department of Labor (“DOL”) will finally be rolling out an increased minimum salary threshold for employees qualifying under the “white collar” exemptions. The increase in the...more

Epstein Becker & Green

WHD Releases Text of Proposed Revisions to the Fluctuating Workweek Regulations

Epstein Becker & Green on

On August 26, 2019, we wrote of the plan by the U.S. Department of Labor’s Wage and Hour Division (“WHD”) to update the Fair Labor Standard Act (“FLSA”) regulations on calculating overtime pay for salaried non-exempt workers...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus On And Wage- Update to Overtime Exemption Regulation for Executive, Administrative and...

For the first time in a number of years, overtime regulations under the Fair Labor Standards Act (FLSA) have been updated. This modest development increases the earning threshold necessary to exempt executive, administrative...more

Poyner Spruill LLP

Increase in Minimum Salary Threshold for FLSA EAP Exemptions

Poyner Spruill LLP on

Effective January 1, 2020, the minimum salary threshold for the executive, administrative, and professional exemptions (EAP exemptions) under the Fair Labor Standards Act (FLSA) will increase from $455 a week ($23,660...more

McNees Wallace & Nurick LLC

Get Ready: Significant Changes to Pennsylvania’s White-Collar Overtime Exemptions Are Almost Here

More than a year ago, in June 2018, the Pennsylvania Department of Labor and Industry (DLI) proposed new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase significantly the minimum salary...more

Littler

Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

Littler on

In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee...more

Pierce Atwood LLP

Impact of New Federal Overtime Rule Will Vary Across New England States

Pierce Atwood LLP on

On September 24, 2019, the U.S. Department of Labor announced a long-awaited final rule regarding adjustments to the salary requirements under the Fair Labor Standards Act for certain salaried employees, commonly known as the...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (September Edition)

Littler on

You don't need to be an Earth, Wind, and Fire fan to realize September had all the elements necessary to make for a memorable month of developments concerning the minimum wage, tips, and overtime....more

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