Law and the Workplace

Tag Archives: overtime

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Time ClockEven the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to be used to purchase medical, vision, and dental benefits. Employees can decline to purchase medical benefits (say, because … Continue Reading

Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction

Time ClockRemember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions?  In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect.  The DOL successfully petitioned the Fifth Circuit for an expedited appeal of the injunction in December, and briefing was to … Continue Reading

Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal

Time ClockEarlier today Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation.  The DOL had asked the district court—which has already issued a preliminary injunction blocking the DOL’s new overtime rule from taking effect—to refrain from taking … Continue Reading

New York Finalizes New Wage Orders, Raising Minimum Salary Levels for Exemption

Time ClockThe New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to new levels that differ based on employer size and location. Effective December 31, 2016, the new salary thresholds in … Continue Reading

New York’s New Wage Orders, Raising Minimum Salaries for Exemption, Could Take Effect December 31

Time ClockThe New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to up to $825 per week ($42,900) for employers with eleven or more employees in New York City.  … Continue Reading

Recovery of Liquidated Damages Under Both FLSA and State Law Improper, Says Second Circuit

Time ClockIn a summary order issued on December 7, the Court of Appeals for the Second Circuit–in Chowdhury v. Hamza Express Food Corp., No. 15‐3142‐cv–held that an award of liquidated damages under both the Fair Labor Standards Act and the New  York Labor Law with respect to the same violation was improper: [The Labor Law] does … Continue Reading

30 Days Until New Overtime Rules Take Effect

Time ClockThe new overtime rules—requiring a minimum weekly salary of $913 ($47,476 annually) for most exempt executive, administrative, or professional employees—are scheduled to take effect on December 1. Remember that both overtime pay (for non-exempt employees) and the salary basis test (for exempt employees) are calculated on a workweek basis, and that each workweek–a fixed and regularly … Continue Reading

50 Days Until the New Overtime Rule Takes Effect: Ready Or Not?

Time ClockBarring something completely unexpected, the new overtime rules—effectively setting a federal minimum wage of $913 per week ($47,476 per year) for most exempt executive, administrative, or professional employees—will take effect on Thursday, December 1. That Congressional bill to delay the effective date of the new rules by six months?  The President promises to veto it … Continue Reading

100 Days Until the New Overtime Rule Takes Effect: Is Your Company Ready?

Time ClockOn December 1, 2016, the annual cost of classifying most executive, administrative, or professional employees as “exempt” from the overtime rules more than doubles ($23,660 to $47,476).  Is your company ready for this change? Do you have your list of potentially affected employees? Have you compared the cost of increasing their salaries to the new … Continue Reading

New Federal Overtime Rule Published, To Become Effective on December 1st

Time ClockThe DOL’s new overtime rule was published in the Federal Register on May 23, 2016.  As predicted in our prior post, the new regulation will take effect December 1, 2016, not within 60 days as previously indicated. This gives employers nearly 200 days to comply with the minimum salary increase for exempt status, which, as anticipated, … Continue Reading

New Overtime Rule Expected Tomorrow

Time ClockPolitico is reporting that DOL will announce the final overtime rule tomorrow, and that the new salary threshold for exempt executive, administrative, and professional employees will be $47,500.  The duties tests for exemption were apparently left unchanged.  VP Joe Biden, together with Labor Secretary Tom Perez and Sen. Sherrod Brown (D.-OH) are expected to announce the … Continue Reading

Sixth Circuit: Loan Underwriters Not Entitled to Overtime Pay

Time ClockOn March 2, 2016, the U.S. Court of Appeals for the Sixth Circuit held that residential loan underwriters of Huntington National Bank are administrative employees under the FLSA and therefore not entitled to overtime pay.  The primary duty of an underwriter is to decide whether or not a customer qualifies for a desired loan, relying on an initial recommendation generated by … Continue Reading

Financial Advisors Not Entitled To Overtime, California Court Confirms

Time ClockIn its February 16, 2016 decision in Tsyn v. Wells Fargo Advisors, LLC, Case No. 14-cv-02552-LB, the federal district court for the Northern District of California confirmed that licensed financial advisors qualified for the administrative exemption under the Fair Labor Standards Act (FLSA).  Specifically, the plaintiffs’ primary duties fell within the examples of exempt duties … Continue Reading

Federal Court in Illinois Finds No Overtime Due to Police For Off-Duty Use of BlackBerrys

Time ClockThe U.S. District Court for the Northern District of Illinois ruled in the City of Chicago’s favor on December 10, 2015, denying police officers’ claims that they were owed overtime pay for their off-duty use of work-issued BlackBerrys.  In Allen v. Chicago, the officers had alleged that there was an unwritten policy not to pay them … Continue Reading

DOL’s Request for Information on Employees’ Use of Electronic Devices Expected in February 2016

Time ClockIn its July 2015 notice of proposed rulemaking on the forthcoming changes to the “white collar” overtime regulations, the U.S. Department of Labor (DOL) recognized employer concerns regarding the remote use of electronic devices by overtime-eligible employees.  The agency promised to issue a Request for Information (RFI) in the near future “seeking information from stakeholders on the use … Continue Reading

DOL Targets July 2016 For Release of Final Overtime Rule

Time ClockIn its Fall 2015 Semiannual Regulatory Agenda, published last week, the U.S. Department of Labor (DOL) estimated a July 2016 timetable for the publication of the Final Rule containing the agency’s changes to the “white collar” overtime regulations.  As discussed in the July 2015 notice of proposed rulemaking and as reported in our prior blogs, the revised regulations … Continue Reading

Still No Timetable For Revised Overtime Regulations; DOL Has Received More Than 290,000 Comments

Time ClockEmployers continue to prepare for the forthcoming changes to the overtime rules, particularly the increases in the minimum salary required for exemption as an executive, administrative, or professional employee.  The U.S. Department of Labor (DOL) has received more than 290,000 comments (available here) to its proposed rule.  The final rule is expected sometime in 2016, … Continue Reading

DOL Won’t Extend 60-Day Comment Period on Proposed Revisions to “White Collar” Exemptions

Time ClockU.S. Department of Labor Wage and Hour Division chief David Weil reportedly told Congress yesterday that the agency won’t extend the 60-day public comment period for its proposed revisions to the FLSA’s “white collar” overtime exemptions (codified at 29 U.S.C. Part 541).  The comment period is scheduled to close on September 4, 2015.  See our … Continue Reading
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