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Over-Time Fair Labor Standards Act (FLSA) Employment Policies

McGlinchey Stafford

5th Circuit Clarifies Highly Compensated Employee Exemption

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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

Woods Rogers

Is the Four-Day Workweek Really a Benefit? What’s the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Fred Schutt joins host Leah Stiegler to dive into the hot topic of the four-day workweek. While the idea of a shorter workweek sounds appealing,...more

Sands Anderson PC

Virginia Expands Prohibition of Non-Competes

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Last August, Sands Anderson reported that the Federal Trade Commission’s rule banning non-competes was probably dead. While many employers likely breathed a sigh of relief after a federal judge in Texas struck down the...more

Conn Maciel Carey LLP

Leadership Updates and a New Opinion Letter Program Confirm the U.S. Department of Labor’s Increased Focus on Compliance...

Conn Maciel Carey LLP on

The U.S. Department of Labor (“DOL”) recently named several political appointments to its Wage and Hour Division (“WHD”). Employers know WHD is an entity with vast enforcement authority, including over minimum wage and...more

Akerman LLP - HR Defense

The Do’s and Don’ts of Internships

It’s that time of year again. Tens of thousands of high school, college, and graduate students will descend on employers this summer, looking to gain practical work experience in the various fields in which they have...more

Jackson Lewis P.C.

How Will Federal Bills Eliminating Tax on Tips and Overtime Impact Employers?

Jackson Lewis P.C. on

Tax breaks on overtime pay and tipped earnings passed the House on May 22, 2025, as part of the “One Big Beautiful Bill Act” (H.R. 1). The tax deductions provided under the sprawling reconciliation bill would be temporary,...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

Jackson Lewis P.C.

Georgia Bill Introduced to Not Tax Overtime Compensation: 4 Employer Considerations

Jackson Lewis P.C. on

A bill introduced in the Georgia state legislature, if passed, would exclude overtime compensation from Georgia state income taxes starting in 2026. House Bill 375 (H.B. 375), introduced on Feb. 11, 2025, would exclude from...more

Husch Blackwell LLP

Seventh Circuit Clarifies Standards for Proving Hours Worked in FLSA Overtime Claims

Husch Blackwell LLP on

The Seventh Circuit recently issued a significant decision in Osborn v. JAB Management Services, Inc., 126 F.4th 1250 (2025), affirming summary judgment in favor of the employer in an overtime compensation dispute under the...more

Lerch, Early & Brewer

Supreme Court Clarifies Burden for Employers Seeking to Establish That Employees are Exempt From Minimum Wage Requirements

Lerch, Early & Brewer on

In a decision which should provide some comfort to employers, the Supreme Court recently held in E.M.D. Sales, Inc., et. al. vs. Carrera, et. al. that employers do not have a higher burden of proof demonstrating that an...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court unanimously rejects heightened burden for employer to prove overtime exemption under FLSA

In overtime litigation under the Fair Labor Standards Act, the employer has the burden of proving that an employee is exempt. However, the degree of proof required was not decided until the Supreme Court spoke last week....more

McGlinchey Stafford

Podcast: Overtime Rules, Minimum Salaries, and DEI: Employment Changes Under a New Administration [More with McGlinchey, Ep. 77]

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Join Chase Stoecker and Courtney Joiner, Members of McGlinchey's Labor and Employment Practice Group, as they discuss how a new administration could impact overtime laws and diversity, equity, and inclusion (DEI) initiatives....more

Nelson Mullins Riley & Scarborough LLP

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more

Ward and Smith, P.A.

Key Employment Law Issues Employers Need to Watch in 2025

Ward and Smith, P.A. on

As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying prepared for potential shifts in federal policies, heightened...more

Vinson & Elkins LLP

Five Predictions for President Trump’s Second Administration: Employment and Labor

Vinson & Elkins LLP on

Looking toward a second administration under President-elect Trump, we anticipate a shift toward more employer-friendly labor policies and away from interpretations of law that afforded more expansive protections to...more

Sands Anderson PC

Upcoming Supreme Court Case to settle FLSA Burden of Proof for Parties

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Burdens of proof can be a mundane issue to discuss. Addressing the standard by which a fact finder decides a legal claim between opposing parties does not generate much enthusiasm with legal scholars. Nevertheless, the burden...more

Fisher Phillips

How Will the New Overtime Rule Impact Your Business This Comp Season? 10 Tips for Employers

Fisher Phillips on

As the final quarter of 2024 begins, many employers are turning to the year-end review process. While you’re planning for raises, bonuses, and other employee incentives this comp season, you’ll need to account for the new...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Carr Maloney P.C.

Do I Have to Pay My Staff Overtime?

Carr Maloney P.C. on

On April 23, 2024, the Department of Labor published revised Regulations governing the exemptions from entitlement to overtime for salaried employees. The minimum dollar amount of compensation required for exempt status...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

Lerch, Early & Brewer

Clint Eastwood, Common Employer Mistakes, and Happy Plaintiffs’ Attorneys

Lerch, Early & Brewer on

“Go ahead, make my day” – catchphrase from the 1983 film, Sudden Impact, spoken by the character Harry Callahan, played by Clint Eastwood. With a nod to Clint Eastwood, below are 12 things that employers do (or fail to...more

Bradley Arant Boult Cummings LLP

Déjà Vu All Over Again? DOL Proposes New Rule on Salaried Exemption Threshold

The DOL issued a Notice of Proposed Rulemaking proposing, among other things, to increase the salary threshold for white-collar overtime exemptions. You may recall that there was a lot of discussion about this back in 2016...more

Jaburg Wilk

The Dangers of OTC Work

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Two years ago, these words were seldom used in the business context – remote workers, hybrid schedule, and essential workers. Now they are the norm. During the pandemic, many employers have embraced telework opportunities for...more

Kaufman & Canoles

Employment Law Update – Fall 2021

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VIRGINIA’S “VACCINATION CZAR” TO BE FEATURED SPEAKER AT K&C SEMINAR - Earlier this year, Gov. Ralph Northam appointed the Director of the Richmond City Health District, Dr. Danny Avula, as Virginia’s “Vaccination Czar” in...more

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