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 loss of the employee’s exempt status. Loss of exempt status could be costly to an employer, who may then be required to pay overtime to an employee who is typically not entitled to overtime wages.
Articles Discussing Overtime Exemptions Under The FLSA.
Trump Administration Halts Appeal Over DOL’s Overtime Exemption Rule for White-Collar Workers
The Trump administration is seeking to pause appeals over two rulings that blocked the U.S. Department of Labor’s (DOL) April 2024 overtime rule, which sought to increase the minimum salary for overtime exemptions for white-collar employees. The move raises doubts that the administration will continue litigation to revive the overtime
Reprieve Extended? DOL to Halt Efforts to Restore 2024 Minimum Salary Rule for Exempt Employees
TakeawaysThe Trump DOL has officially notified the Fifth Circuit that it intends to reconsider the 2024 final rule raising the FLSA salary level for “white collar” exemptions.It has asked for a litigation stay pending the agency’s further reconsideration of the rule. District courts had enjoined the 2024 final rule, but the Biden DOL appealed the case to the Fifth Circuit.Related links
Sixth Circuit Finds Employee’s Guaranteed Weekly Salary Was Based on Daily Rate, Defeating Exempt Classification
Sixth Circuit Finds Employee’s Guaranteed Weekly Salary Was Based on Daily Rate, Defeating Exempt Classification
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 daily
The Burden of Proof for Wage-Hour Claims
The U.S. Supreme Court recently issued an interesting employment law decision, E.M.D. Sales, Inc., et al. v. Carrera. As with the California Wage Orders and Labor Code, the FLSA contains several overtime exemptions. It is the
Supreme Court Clarifies Standard of Proof for FLSA Exemptions
The U.S. Supreme Court unanimously ruled last week that employers do not face an unusually high standard to prove exemptions under wage and overtime laws, ending the Fourth Circuit’s stricter approach for employers in five Southeastern and mid-Atlantic states.
High Court Reaffirms Preponderance-of-the-Evidence Standard for FLSA Overtime Exemptions
On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the preponderance-of-the-evidence standard. In so doing, the Court rejected the heightened “clear and convincing” level of proof that the Fourth Circuit had required
SCOTUS Resolves Circuit Dispute on FLSA Evidence Standards, Clarifying Lower Evidentiary Burden for Employers
In a unanimous decision issued on January 15, 2025, the Supreme Court of the United States ruled that the “preponderance of evidence” standard applies to employers seeking to prove an employee exemption from overtime pay under the Fair Labor Standards Act (FLSA).
Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules
On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a preponderance of the evidence, rejecting a higher evidentiary standard used by some
DOL Appeals Federal Court Decision That Struck Down Salary Threshold Increases for White-Collar Overtime Exemptions
The U.S. Department of Labor (DOL) is appealing a U.S. district judge’s recent ruling striking down the agency’s final rule “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” which had authorized an increase in the white-collar minimum salary thresholds for exemption from federal overtime
Federal Court Strikes Down Biden Administration’s Overtime Rule
The post Federal Court Strikes Down Biden Administration’s Overtime Rule appeared first on Hirsch Roberts Weinstein LLP.
FLSA Salary Rule Struck Down
A Texas District Court in State of Texas v. U.S. Dep’t of Labor, struck down the U.S. Department of Labor (DOL) 2024 Final Overtime Rule, which revised the minimum salary requirement for the executive, administrative, and professional overtime exemptions (EAP Exemptions) and the highly compensated employee exemption (HCE Exemption) under the Fair Labor Standards Act (FLSA).
Federal District Court Invalidates DOL Overtime Rule
A federal district court in Texas has invalidated the U.S. Department of Labor’s (DOL) rule in its entirety which had increased the salary levels for the executive, administration, and professional employee exemptions. The ruling has immediate nationwide application. The proposed salary increases set for January 1, 2025 will not go into effect. The salary levels will revert to their pre-July 1, 2024 levels.
Texas Federal Judge Strikes Down DOL’s New Overtime Rule
On November 15, 2024, a federal judge in Texas struck down the U.S. Department of Labor’s (DOL) latest attempt to raise the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemption, finding that the rule exceeded the agency’s statutory authority.
Federal Court Strikes Down Rule Raising Salary Threshold for White Collar Overtime Exemptions
On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated and set aside the U.S. Department of Labor (DOL)’s final regulation increasing the salary threshold for the “white collar” overtime exemption under the Fair Labor Standards Act (FLSA) on a nationwide basis.