News & Analysis as of

Wage and Hour Exempt-Employees

Jackson Lewis P.C.

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

Jackson Lewis P.C. on

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

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Proposes Expanding FLSA Exemption for Home Care Services

Earlier this month, the U.S. Department of Labor proposed regulations that would substantially reduce overtime obligations for home care and related employers. ...more

McGlinchey Stafford

5th Circuit Clarifies Highly Compensated Employee Exemption

McGlinchey Stafford on

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

Maynard Nexsen

Hold that Paycheck! Navigating Unpaid Suspensions for Exempt Employees

Maynard Nexsen on

On those (hopefully) rare occasions when a supervisor or other exempt employee must be suspended without pay for disciplinary reasons, employers should take special care to ensure that the unpaid suspension does not result in...more

Robinson & Cole LLP

Legal Update: DOL Proposes to Expand Availability of Companionship and Live-In Domestic Service FLSA Exemptions

Robinson & Cole LLP on

Employers in the home health care industry should take note of a recent proposal by the U.S. Department of Labor (DOL) that could change the way employees providing companionship services and live-in domestic services are...more

Littler

DOL Proposes Rule to Reinstate Companionship & Live-in Exemptions from Minimum Wage and Overtime for Third-Party Employers

Littler on

On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by...more

Greenberg Glusker LLP

Local Governments Crank Up the Heat With Summer Minimum Wage Increases Effective July 1, 2025

Greenberg Glusker LLP on

On July 1, 2025, minimum wage increases will go into effect in certain cities and counties in California. In the City of Los Angeles, the minimum wage will increase from $17.28/hour to $17.87/hour. For hotel employees at...more

Lewitt Hackman

California Cities Increase Minimum Wage

Lewitt Hackman on

On July 1, 2025, several California cities will increase their local minimum wage. For example, the City of Los Angeles is increasing minimum wage to $17.87 per hour. Los Angeles County is increasing its minimum wage to...more

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

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

Nebraska Governor Signs Bill to Amend Healthy Families and Workplace Act

On June 5, 2025, Nebraska Governor Jim Pillen signed Legislative Bill (LB) No. 415 that clarifies and amends the Nebraska Healthy Families and Workplace Act (NHFWA) passed by voters in November 2024, which provides earned...more

Davidoff Hutcher & Citron LLP

Meal and Rest Break Requirements for New York Restaurants: What Owners Need to Know

In the hustle of running a restaurant, it’s easy for meal breaks to slip through the cracks. However, New York law has specific requirements for giving your employees time to eat and rest. Ensuring your staff takes legally...more

Littler

Littler’s Semi-Annual Rates Update for Minimum Wage, Tips, and Exempt Pay Increases on July 1, 2025 (and Other Developments)

Littler on

Summer is upon us. Beaches, barbecues, and wage increases for non-exempt, exempt, and tipped employees! While some might not be as thrilled about the last item, we are excited to help employers across the United States...more

Cranfill Sumner LLP

Hiring Seasonal Employees for the Summer? Catch Up on the Latest in Federal Overtime Law.

Cranfill Sumner LLP on

With summer nearing, employers across North Carolina and the country are swelling their ranks with seasonal employees. This article aims to update employers about the current state of federal law for paying workers who work...more

Fisher Phillips

The Tech Employer’s Guide to FLSA Exemptions + Your Compliance Action Plan

Fisher Phillips on

Tech employers have a wide range of workers, which increases the risk of misclassifying employees as exempt from overtime pay. Since violations of the Fair Labor Standards Act (FLSA) can result in significant penalties and...more

Miller Nash LLP

Update on Jurisdictions Exceeding Washington State’s Minimum Wage in 2025: Burien and Everett

Miller Nash LLP on

As we discussed in a previous blog post, the Washington State minimum wage increased to $16.66 per hour on January 1, 2025. This new state wage also impacts the salary levels for the white-collar exemptions from the minimum...more

Ballard Spahr LLP

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers

Ballard Spahr LLP on

During the Biden administration, the U.S. Department of Labor (DOL) issued a final regulation (the “2024 Rule”) seeking to increase the salary threshold for overtime eligibility for the “white-collar” exemption (also referred...more

Troutman Pepper Locke

Changes to Virginia’s Noncompete Statute

Troutman Pepper Locke on

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

Franczek P.C.

Department of Labor Signals Rescission of FLSA Exemption Salary Thresholds

Franczek P.C. on

The Trump Administration has signaled it intends to reconsider the previously enjoined 2024 rule that would have increased the minimum salary threshold required for an employee to be exempt from overtime under the Executive,...more

Jackson Lewis P.C.

Reprieve Extended? DOL to Halt Efforts to Restore 2024 Minimum Salary Rule for Exempt Employees

Jackson Lewis P.C. on

Employers were granted a reprieve last fall when a federal court invalidated the U.S. Department of Labor’s (DOL’s) final rule increasing the minimum salary requirements for the “white collar” or “EAP” exemptions (executive,...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

Sixth Circuit Finds Employee’s Guaranteed Weekly Salary Was Based on Daily Rate, Defeating Exempt Classification

Littler on

Despite an employee’s being highly compensated, the Sixth Circuit reversed a summary judgment order from the district court, finding that even though the pipe inspector was highly compensated, his pay was calculated on a...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

Kaufman & Canoles

[Event] 41st Annual Employment Law Update - May 15th, Hampton, VA

Kaufman & Canoles on

Managing risk in the employment law circus isn’t always easy when the rules change like they are contortionists. The 41st Annual Employment Law Update will highlight recent changes to the law and how employers can most...more

Ice Miller

The Highly Compensated Employee Exemption Under the FLSA - Misclassification of Highly Compensated Employees Can be Costly

Ice Miller on

Classification of employees under the Fair Labor Standards Act (FLSA) remains a high-risk area where employers can easily misstep, potentially incurring thousands of dollars in overtime pay, liquidated damages, attorneys...more

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