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Salary-Threshold Autopilot Still Possible

A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified in the federal Fair Labor Standards Act's Section 13(a)(1) exemption regulations. Apparently, U.S. Labor Secretary Acosta recently revealed this in closed-door remarks to the U.S. Chamber of Commerce.

eLABORate: Fifth Circuit Says Employer Not Liable for Pre-Shift Wait Time Under FLSA

In a decision rendered on November 9, 2017, the United States Court of Appeals for the Fifth Circuit affirmed a district court’s ruling that an employer was not liable under the Fair Labor Standards Act (“FLSA”) for failing to compensate its employees for pre-shift wait time.

2018 Minimum Wage Rate Increases: Are You Ready?

The federal minimum wage has remained stagnant at $7.25 an hour since 2009. In the absence of an increase to the federal minimum wage, an increasing number of states, cities, and other municipalities have enacted statutes providing for minimum wage rates in excess of (and, in some cases, more than twice as high as) the federal rate.

National Appliance and Electronics Retailer’s Sales Commission Policy Was Lawful – For the Most Part, Sixth Circuit Rules

In what may be viewed as a pyrrhic victory, now-defunct[1] “big box” electronics, appliance and furniture retailer hhgregg’s commission-with-draws compensation program generally was lawful under the FLSA, the Sixth Circuit Court of Appeals has held. However, its policy holding employees liable for any unearned draw payments upon termination of employment would violate the Act. Stein v. hhgregg, Inc., 2017 U.S. App. LEXIS 19908 (3rd Cir. Oct. 12, 2017). The Sixth Circuit has jurisdiction over Kentucky, Michigan, Ohio and Tennessee.

Are "Draws" Against Commissions Unlawful "Kick-Backs"?

Media reports have mistakenly suggested that a recent decision by the Sixth Circuit U.S. Court of Appeals (Kentucky, Michigan, Ohio, and Tennessee) found the federal Fair Labor Standards Act to prohibit recouping a draw or advance from future earnings. However, a closer reading of the opinion proves that you can't judge a ruling by its headings.

Department of Labor Files Appeal and Motion for Abeyance in Overtime Rule Litigation

There have been new developments in litigation over changes to regulations under the Fair Labor Standards Act (FLSA) that specify which workers are eligible for overtime pay.4

The Minimum Wage in 2018: A Rates-Only Update

Minimum wage laws can impact businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one city, county, or state. To help manage this challenge, we are publishing a rates-only update so employers know the minimum amount they must pay non-exempt employees.

Is This Appeal for Real? DOL Seeks Abeyance As It Formulates New Overtime Regulations

On November 3, 2017, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit asking the appellate court to hold in abeyance the DOL’s appeal of a district court decision that invalidated controversial federal overtime regulations promulgated by the Obama administration in 2016. The purpose of the motion is to hold off on any ruling in the case while the DOL under President Trump works on its own proposed overtime regulations.

eLABORate: DOL Seeks More Time to Rewrite Obama-Era Overtime Threshold for White-Collar Workers, May Be Open to Lower Threshold

On October 30, 2017, the United States Department of Labor (DOL) appealed an August 31, 2017 ruling by United States District Judge Amos Mazzant, III, which struck down a controversial Obama-era overtime rule that would have made as many as 4 million more workers eligible for overtime pay. The appeal – which is being accompanied by a request for a stay pending the issuance of a new overtime rule – appears to be an effort to protect the DOL’s authority to set a lower salary threshold for overtime exemption. While the Trump administration is no longer backing the Obama-era proposal to hike the overtime threshold to over $47,000, Labor Secretary Alexander Acosta has signaled that he might be comfortable with a salary threshold in the low $30,000 range, to account for inflation since the rule’s last update in 2004.

USDOL Appeals Ruling Against Its "Overtime Rule" (Updated 10 31 17)

UPDATED 10 31 17: The U.S. Department of Labor has also announced its intention to "file a motion with the Fifth Circuit [U.S. Court of Appeals] to hold the appeal in abeyance while the Department of Labor undertakes further rulemaking to determine what the salary level should be."