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Over-Time Wage and Hour Corporate Counsel

Husch Blackwell LLP

Important New Reporting Rules for Overtime Pay and Tipped Income

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With the passage of the new federal tax bill on July 4, 2025, unofficially referred to as the One Big Beautiful Bill Act (OBBBA), employers and employees in overtime-heavy and tipped industries face new opportunities and...more

Foley & Lardner LLP

Overcomplicating Overtime: How Employers Need to Assess the One Big Beautiful Bill’s Overtime Tax Changes

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One of the fastest trending topics in the employment and taxation blogosphere in recent weeks has been the passage of the One Big Beautiful Bill Act (OBBBA), which, among other provisions, allows for a tax deduction of up to...more

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

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

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

Offit Kurman

H.R.1 Ends Taxes on Tips & Overtime: Employer Guide

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On July 4, 2025, President Donald J. Trump signed H.R.1—the One Big Beautiful Bill Act—into law following its narrow passage in the House of Representatives just days earlier. Touted as the Trump administration’s marquee...more

Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

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The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Fisher Phillips

How Will Employers Be Impacted by the Big Beautiful Bill? A Recap of Key Workplace Provisions in The New Federal Budget

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Don’t have the energy to slog through the 1,127 (or so) pages of the legislative text, amendments, and explanatory materials that comprise the final version of the “Big Beautiful Bill” to see how it impacts labor and...more

Fisher Phillips

Employer Cheat Sheet for Workplace Laws Taking Effect July 1

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Most employers are prepared for new laws at the start of each year – but did you know that a heap of new workplace laws take effect at the halfway point? Here’s your employer cheat sheet to prepare for July 1 effective dates…...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

Husch Blackwell LLP

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

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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

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

Fisher Phillips

Trump Shocks Employers by Tapping Chavez-DeRemer for Secretary of Labor: The 10 Things Employers Can Expect

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President-elect Trump surprised the business community on Friday night when he announced Lori Chavez-DeRemer as his nominee to lead the U.S. Department of Labor. Her selection was met by skepticism by some in the employer...more

Dorsey & Whitney LLP

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

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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

Bradley Arant Boult Cummings LLP

That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption

By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025...more

BakerHostetler

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

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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

Littler

DOL Opinion Letter Offers Additional Insight Regarding Regular Rate Treatment of Expense Reimbursement Payments

Littler on

On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01.  This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular...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

Fisher Phillips

Top 10 Workplace Law Developments To Expect Under President Trump

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Now that we know Donald Trump will return to the White House as President, it’s time for employers to take a look at what they might expect during his second term in office. We have gathered insights from some of our firm’s...more

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

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The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Fisher Phillips

Overtime Rule Clears Major Hurdle in Advance of January 1 Effective Date: Key Steps for Employers

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In a major win for the Department of Labor, a federal appeals court just ruled that the agency has the power to set a salary basis floor in order for workers to be considered exempt from overtime pay. Yesterday’s ruling from...more

Fisher Phillips

Reclassifying Employees to Non-Exempt Status? Consider a “Percentage Bonus” to Avoid Costly Overtime Pay Mistakes

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Many employers are planning to reclassify employees to non-exempt status now that the Labor Department is significantly raising the salary threshold for employees to be exempt from overtime pay. You likely know that...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

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