News & Analysis as of

Non-Exempt Employees Wage and Hour Fair Labor Standards Act (FLSA)

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

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on . . . Successful Summer Internship Programs

With Memorial Day in the rearview mirror and the month of June upon us, many companies and organizations throughout the country are preparing to kick off the summer by welcoming an incoming cohort of summer interns....more

Troutman Pepper Locke

Changes to Virginia’s Noncompete Statute

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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

Jackson Lewis P.C.

Expanded Definition of ‘Low-Wage’ Employees in Virginia Non-Compete Ban: Employers Need to Act Now

Jackson Lewis P.C. on

Virginia is the most recent state to tighten restrictions on employment non-compete agreements. Governor Glenn Youngkin signed a bill expanding the definition of low-wage employees under the state’s existing prohibition on...more

Littler

Dear Littler: Do We Need to Compensate Employees for Travel Time and Other Time Spent Incidental to Work?

Littler on

Dear Littler, We are a nursing services company with employees in various states, some of whom work remotely. Recently, some employees have been asking to be paid for time spent commuting to client sites or into our offices....more

Parker Poe Adams & Bernstein LLP

Third Circuit Upholds Verdict Against Home Health Agency Based on Employee Travel Time During Working Day

For most non-exempt employees, the Fair Labor Standards Act considers time spent traveling during the working day to be compensable working time. Last week, the Third Circuit Court of Appeals applied this principle to travel...more

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

Seventh Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases

In Osborn v. JAB Management Services, Inc., No. 24-1573 (January 22, 2025), the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s entry of summary judgment in favor of an employer on a former...more

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

Epstein Becker & Green

2025 California Wildfires: Understanding Employers’ Obligations

Epstein Becker & Green on

As the Southern California wildfires rage on with devastating consequences, employers may be grappling to formulate an appropriate response....more

Woods Rogers

Who Gets Paid on a Snow Day?

Woods Rogers on

It’s that time of year! You can’t turn on the news and not see a winter weather advisory for somewhere in the country. Here is a question we get every year: Do we have to pay employees if it snows, and the office is closed?...more

Pullman & Comley - Labor, Employment and...

Important Update to our Wage Alert Regarding the DOL’s Final Rule Increasing the Salary Level for the Executive, Administrative...

In November, the U.S. District Court for the Eastern District of Texas blocked the U.S. Department of Labor’s (DOL) final rule discussed below.  See Texas v. U.S. Dep’t of Lab., No. 4:24-CV-468-SDJ, 2024 WL 4806268 (E.D. Tex....more

Shumaker, Loop & Kendrick, LLP

Client Alert: Federal Judge Invalidates Department of Labor's Minimum Salary Increases

On April 23, 2024, the Department of Labor (DOL) issued a Final Rule that significantly increased the minimum salary required for employees to be classified as exempt under the Fair Labor Standards Act (FLSA). Specifically,...more

Cranfill Sumner LLP

Texas Court Tosses Biden Overtime Exemption Rule

Cranfill Sumner LLP on

In November, a Texas federal court struck down the Biden Department of Labor’s (DOL) rule that would have made millions of salaried workers eligible for overtime pay....more

Bond Schoeneck & King PLLC

Texas Court Blocks Increases to FLSA Salary Requirements for White-Collar Employees

On Nov. 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the U.S. Department of Labor’s (DOL) final rule that increased the minimum salary requirements for employees exempt from the Federal Fair...more

Burr & Forman

Federal Judge Vacates Department of Labor's Salary Increase to FLSA White Collar Exemption

Burr & Forman on

Earlier this year, the Department of Labor (“DOL”) announced increases to the salary threshold for the “bona fide executive, administrative, or professional” exemption and the “highly compensated employee” exemption to the...more

Hinshaw & Culbertson - Employment Law...

Federal Court Strikes Down Overtime Rule: What Employers Need to Know

On November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor ("DOL") Final Rule that would have made over four million additional workers eligible for overtime pay. The Final Rule...more

Poyner Spruill LLP

Federal Judge Rules Against Overtime Final Rule

Poyner Spruill LLP on

In a closely watched decision, on November 15, 2024, Judge Sean Jordan of the United States District Court for the Eastern District of Texas entered a ruling (“Ruling”), which struck down a final rule (“Rule”) by the U.S....more

Fisher Phillips

SCOTUS Predictions: Justices Will Hand Win to Employers By Rejecting Higher Standard of Proof in Overtime Exemption Cases

Fisher Phillips on

What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court recently heard oral arguments in a case raising this question and...more

Herbert Smith Freehills Kramer

Federal Court Vacates DOL Overtime Rule

A federal court has vacated the U.S. Department of Labor’s (DOL) 2024 final overtime rule, which increased the minimum salary threshold at which employees could be classified as exempt from overtime pursuant to the white...more

Levenfeld Pearlstein, LLC

Federal Court Blocks Changes to Overtime Rules: Key Takeaways and Guidance for Employers

A federal judge in Texas has struck down the Biden administration’s overtime rule that would have extended overtime protections to an estimated four million additional workers. ...more

Troutman Pepper Locke

Federal Court Strikes Down DOL’s 2024 Rule on Overtime Exemptions Nationwide

Troutman Pepper Locke on

Last Friday, a Texas federal court struck down the U.S. Department of Labor’s (DOL) 2024 rule raising the minimum salary levels for certain exemptions to the overtime requirements of the Federal Labor Standards Act (FLSA)....more

Shutts & Bowen LLP

Federal Court Strikes Down the DOL’s Increased Salary Thresholds for Executive, Administrative, Professional, And Highly...

Shutts & Bowen LLP on

This past Friday, employers scored a victory when a Texas federal judge struck down the Department of Labor’s (DOL) rule which increased the salary levels for the Fair Labor Standards Act’s (FLSA) executive, administrative,...more

Brownstein Hyatt Farber Schreck

Federal Court in Texas Vacates DOL’s Overtime Rule—What Now?

On Nov. 15, 2024, a federal judge in Texas vacated the U.S. Department of Labor’s rule that would have increased the salary threshold for white-collar exempt employees under the Fair Labor Standards Act (FLSA). Texas v....more

Quarles & Brady LLP

Federal Court Turns back Time on DOL’s Overtime Exemption Salary Threshold Rule: What Employers Need to Know

Quarles & Brady LLP on

On Friday, November 15, a Texas federal court turned back time on the minimum salary threshold rule for certain overtime exemptions under the Fair Labor Standard Act’s (“FLSA”)—halting the planned January 1, 2025, increase,...more

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