News & Analysis as of

Public Comment Over-Time Fair Labor Standards Act (FLSA)

Fisher Phillips

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

Fisher Phillips on

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

Eversheds Sutherland (US) LLP

DOL’s final rule: You say “overtime” I say “salary thresholds”

The US Department of Labor (DOL) released its final rule to increase the federal salary threshold for exemption under the Fair Labor Standards Act (FLSA) on April 23, 2024. DOL had previously issued On August 30, 2023, the US...more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

Bodman on

On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

Seyfarth Shaw LLP

DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day

Seyfarth Shaw LLP on

Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and...more

Bowditch & Dewey

U.S. Department of Labor Seeks to Expand Overtime Protections

Bowditch & Dewey on

On August 30, 2023, the United States Department of Labor (“DOL”) issued a proposed rule that would significantly expand the number of employees who are entitled to overtime pay. The DOL also issued a Q&A to answer questions...more

Fisher Phillips

Labor Department’s Proposed Overtime Rule Could Raise Salary Floor to $55k: Here Are 8 Ways Employers Can Prepare Now

Fisher Phillips on

Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees – a change that could make more of your employees...more

Poyner Spruill LLP

Department of Labor Proposes Rule Clarifying Fluctuating Workweek Method of Calculating Overtime Pay

Poyner Spruill LLP on

On November 5, 2019, the Wage and Hour Division of the U.S. Department of Labor proposed a new Rule which would allow employers to offer bonuses and other incentive-based payments to salaried nonexempt employees whose work...more

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

DOL Issues Fluctuating Workweek Proposal Permitting Employers to Include Bonus Pay When Calculating Overtime

On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent...more

Jackson Lewis P.C.

Labor Department Proposes Changes To Clarify Use Of FLSA’s ‘Fluctuating Workweek’ Pay Method

Jackson Lewis P.C. on

Persistent confusion over the Department of Labor’s (DOL) “fluctuating workweek” (FWW) pay method to satisfy employers’ obligation to pay overtime has deterred many from using it. Now, the DOL has proposed changes to clarify...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

Womble Bond Dickinson

DOL Moves Closer to Finalizing New Regulations on Overtime Exemptions for 2020

Womble Bond Dickinson on

The U.S. Department of Labor ("DOL") is one step closer to publishing final regulations on the FLSA's overtime exemptions for "white collar" workers in executive, administrative, and professional positions. The DOL published...more

Benesch

Big Changes Likely for Overtime Exemptions in Washington State

Benesch on

While the U.S. Department of Labor (“DOL”) recently made headlines with proposed changes to the federal standard for overtime exemptions, the ongoing saga may present further challenges for employers in the State of...more

Sheppard Mullin Richter & Hampton LLP

Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer” Regulations

Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more

Poyner Spruill LLP

U.S. Department of Labor Proposes New Rule Regarding Joint Employer Status Under FLSA

Poyner Spruill LLP on

On April 1, 2019, the U.S. Department of Labor issued a notice of proposed rulemaking on joint employer status under the Fair Labor Standards Act. (FLSA). This proposed rulemaking seeks to revise the DOL’s regulation, 29...more

Holland & Knight LLP

DOL Issues Long-Awaited Proposed Guidance on Application of "Regular Rate" of Pay

Holland & Knight LLP on

• The U.S. Department of Labor has proposed a rule updating the calculation of a nonexempt employee's regular rate of pay for overtime pay purposes. • The proposed rule is intended to better reflect the modern workplace...more

Faegre Drinker Biddle & Reath LLP

Calculating Overtime Pay Will Be Simpler if Department of Labor Adopts Proposed Updates to FLSA Regular Rate Regulations

Proposed regulations issued by the U.S. Department of Labor (DOL) on March 29, 2019 will, if adopted, clarify and greatly simplify the overtime pay calculations for non-exempt employees under the federal Fair Labor Standards...more

Verrill

DOL’s Proposed Rule Making on Regular Rate of Pay

Verrill on

The U.S. Department of Labor’s Wage and Hour Division recently announced a proposed rule updating regulations governing what items are included in an employee’s regular rate of pay. This constitutes the first update to the...more

Fisher Phillips

USDOL’s Proposal Reaffirming That There Is Nothing “Regular” About The Regular Rate

Fisher Phillips on

The USDOL has continued to plow through its regulator agenda. Yesterday it released its proposed guidance regarding the "regular rate" for purposes of calculating FLSA overtime pay. The NPRM is intended to update and clarify...more

Fisher Phillips

Proposed USDOL Interpretations: The Regular Rate Is Anything But "Regular"

Fisher Phillips on

The USDOL has proposed to update guidance (for the most part not regulations), regarding the "regular rate" for purposes of calculating FLSA overtime pay. The NPRM is intended to update and clarify the FLSA’s requirements...more

McCarter & English, LLP

It’s Déjà Vu All Over Again—DOL Proposes (New) Revisions To Salary Requirements For FLSA Overtime Exemptions

The U.S. Department of Labor (DOL) recently released its long-awaited proposed revisions to the regulations governing the minimum salary requirements applicable to the overtime exemptions for executive, administrative, and...more

Adler Pollock & Sheehan P.C.

Department of Labor Proposed Rule Change Raises Salary Level For Exempt Employees

The U.S. Department of Labor (the “D.O.L.”) announced on Friday, March 7, 2019, that it will be reviewing the salary that must be paid to workers exempt from the overtime requirements of the Fair Labor Standards Act. The...more

McAfee & Taft

DOL publishes proposed rule on new overtime laws

McAfee & Taft on

As discussed in our EmployerLINC Alert earlier this month, the U.S. Department of Labor’s (DOL) Wage & Hour Division announced a Notice of Proposed Rulemaking (NPRM) to increase the salary threshold employees must meet in...more

Littler

DOL to Publish “White Collar” Exemption Proposed Rule, Triggering 60-Day Comment Period

Littler on

On March 22, 2019, the DOL’s Wage and Hour Division will publish in the Federal Register its proposed rule to revise the overtime exemption regulations for executive, administrative, professional, outside sales and computer...more

Burr & Forman

Here We Go Again – The DOL Has Proposed an Increase to the Salary Threshold for FLSA White Collar Exemptions

Burr & Forman on

On March 7, 2019, the U.S. Department of Labor (DOL) issued its new proposed overtime rule, proposing revisions to, among other things, the salary threshold for “white collar” exemptions under the FLSA. The white-collar...more

Bradley Arant Boult Cummings LLP

Preparing for the New Overtime Exemption Salary Threshold - Labor & Employment Newsletter

Earlier this month, the Department of Labor issued a new proposed rule that, if it takes effect, will raise the pay threshold for overtime exemption from an annual salary of $23,660 (or $455 weekly) to $35,308 (or $679...more

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