The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor Standards Act (FLSA), a federal district court in Texas holds, granting summary judgment to the DOL. Mayfield v. U.S. Department of Labor, No. 1:22-cv-792 (W.D. Tex. Sept. 20, 2023).
Articles Discussing Overtime Exemptions Under The FLSA.
DOL Proposes Increasing Weekly Salary Threshold Needed to Qualify for White Collar FLSA Exemptions to $1,059
First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption
On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair Labor Standards Act’s (FLSA) administrative exemption, and thus whether the employee is entitled to overtime payments
DOL Proposes Significantly Raising Minimum Salary for White-Collar Overtime Exemptions
On August 30, 2023, the U.S. Department of Labor (Department or DOL) issued a Notice of Proposed Rulemaking that would raise the minimum salary floor required to qualify for the overtime exemptions for executive, administrative, and professional (EAP) workers under the Fair Labor Standards Act (FLSA) by over 50 percent.
DOL’s New Proposed Overtime Rule Would Drastically Increase the Salary Threshold for the White Collar Overtime Exemption
Executive Summary: Under a new proposed rule from the U.S. Department of Labor (DOL), released on August 30, 2023, more than 3.4 million workers would be newly eligible for overtime pay unless employers pay a much higher salary threshold. Currently, workers who are paid a salary of at least $35,568 annually and work in a “bona fide executive, administrative, or professional capacity”—often called “white collar” or “EAP” exceptions—are not covered by the federal Fair Labor Standards Act (FLSA) requirements for employees to receive overtime at a rate of one-and-one-half their regular rate of pay for time worked beyond 40 hours in a week.
DOL Proposed White-Collar Exemption Rule Sets Minimum Salary Over $55K
The U.S. Department of Labor (DOL) has issued its long-anticipated proposed rule to increase the minimum salary requirements for the “white collar” exemptions (executive, administrative, and professional) from minimum wage and overtime pay requirements under the Fair Labor Standards Act (FLSA).
Under the proposed rule, the salary level for the white-collar exemptions
DOL Proposes Substantial Increase to Salary Threshold for FLSA’s White Collar Exemptions
On August 30, 2023, the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) that would significantly raise the minimum weekly salary to qualify for one of the Fair Labor Standards Act’s (FLSA) three white-collar exemptions. If the changes go into effect, they would have a significant
DOL Releases Proposed White-Collar Exemption Rule, Sets Minimum Salary at $55,068
The U.S. Department of Labor (DOL) has issued a new proposed rule to increase the minimum salary requirements for the “white collar” exemptions (executive, administrative, and professional) from minimum wage and overtime pay requirements under the Fair Labor Standards Act (FLSA).
DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions
On August 30, 2023, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations applicable to executive, administrative, and professional employees. The DOL proposes to substantially increase the minimum salary level needed
Fourth Circuit Panel Questions Validity of Court’s Burden of Proof for FLSA Overtime Exemptions
The employer must prove the applicability of an exemption from overtime under the Fair Labor Standards Act (FLSA) with “clear and convincing” evidence, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has held, adhering to prior circuit precedent but acknowledging the “clear and convincing” standard may no longer be valid.
Why Can Everyone Be Classified as “Exempt”?
In this episode, Jen discusses why most employees must be treated as “non-exempt,” and paid (among other things) applicable overtime.
Third Circuit Finds Deductions from Accrued PTO Do Not Violate Salary Basis Requirement for Exempt Employees
The Third Circuit recently highlighted the flexibility afforded to employers when providing fringe benefits to salaried exempt employees. In Higgins v. Bayada Home Health Care Inc., No. 21-3286, 2023 WL 2518345 (3d Cir. Mar. 15, 2023), the Third Circuit held that employer-provided paid time off (PTO) is a fringe
PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit Holds
In an issue of first impression, the U.S. Court of Appeals for the Third Circuit held that paid time off (“PTO”) is not a form of salary under the Fair Labor Standards Act (“FLSA”) and, therefore, deductions from a salaried employee’s PTO balance do not violate the Act. Higgins v.
U.S. Supreme Court Rules Highly Compensated “Daily Rate” Employees Entitled to Overtime under FLSA
In a reminder that it takes more than a big paycheck to be exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”), the U.S. Supreme Court held in Helix Energy Solutions Group, Inc. v. Hewitt that a […]
Supreme Court Holds Highly Paid Employee Not Overtime Exempt Due to Daily Rate Pay
On February 22, 2023, the Supreme Court of the United States ruled that a former oil rig employee who was paid a daily rate that totaled more than $200,000 annually is entitled to overtime pay under the Fair Labor Standards Act (FLSA).