• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Affiliate Login
  • Join Our Network
  • Affiliate News
  • Lawyer Directory
  • Newsletters
  • Contact Us
  • Our Feeds

Employment Law Information Network

All Things Labor and Employment Law

Get Our Daily or Weekly Newsletter!
Articles • Alerts • Expert Advice
Daily Newsletter
Weekly Newsletter
California Newsletter
  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Home > Federal Law Articles > FLSA > Overtime Exemptions

Articles Discussing Overtime Exemptions Under The FLSA.

PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit Holds

March 23, 2023 | Jackson Lewis Filed Under: Overtime Exemptions

Jackson Lewis

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

February 27, 2023 | Franczek P.C. Filed Under: Overtime Exemptions

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 […]

The post U.S. Supreme Court Rules Highly Compensated “Daily


Supreme Court Holds Highly Paid Employee Not Overtime Exempt Due to Daily Rate Pay

February 26, 2023 | Ogletree Deakins Filed Under: Overtime Exemptions

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).

Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

February 23, 2023 | Littler Filed Under: Overtime Exemptions

Littler

On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the white-collar exemptions to the Fair Labor Standards Act (FLSA). Because of this

Computer Software Employees and Physicians Overtime Exemption Rates for 2023

November 15, 2022 | Jackson Lewis Filed Under: Overtime Exemptions

Jackson Lewis

In order for an employee to be deemed exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemption is the executive, administrative, and professional exemption, which includes workers who are employed in administrative, managerial, executive, or

Supreme Court Considers Whether “Highly Compensated” Employees Paid on a “Day Rate” Basis Are Overtime-Exempt Under FLSA

October 24, 2022 | Jackson Lewis Filed Under: Overtime Exemptions

Jackson Lewis

On October 12, 2022, the Supreme Court held oral argument to address the decision of the U.S. Court of Appeals for the Fifth Circuit in Hewitt v. Helix Energy Sols. Group, Inc., 15 F.4th 289 (5th Cir. 2021), cert. granted, No. 21-984 (U.S. May 2, 2022), and a corresponding split among the circuit courts of appeal regarding the application of Fair Labor Standards Act (FLSA) regulations for the “highly compensated employee” (HCE) exemption from overtime.

Supreme Court Questions Whether Highly Compensated Oil Rig Worker Is Overtime Exempt

October 20, 2022 | Ogletree Deakins Filed Under: Overtime Exemptions

On October 12, 2022, the Supreme Court of the United States heard oral arguments in a case regarding whether an oil rig worker who performed supervisory duties and was paid more than $200,000 per year on a day rate basis is exempt from the overtime requirements of the Fair Labor

Eleventh Circuit Case An Excellent Primer on the FLSA’s Administrative Exemption

April 14, 2022 | Jackson Lewis Filed Under: Overtime Exemptions

Jackson Lewis

Business development managers, whose job was to convince corporate customers to purchase General Motors vehicles for their corporate fleets, qualified for the administrative exemption from the overtime provisions of the Fair Labor Standards Act (FLSA), the Eleventh Circuit Court of Appeals recently held. Brown v. Nexus Bus. Solutions, LLC, 2022

Store Sampler Representatives Are Exempt Outside Salespersons, First Circuit Holds

March 7, 2022 | Jackson Lewis Filed Under: Overtime Exemptions

Jackson Lewis

Who doesn’t like free samples when shopping? But are the representatives providing those samples actually “selling” them so that they are exempt from overtime under the Fair Labor Standards Act (FLSA) as outside salespersons?

Matco’s $15.8 Million Misclassification Deal

January 4, 2022 | Working Solutions NYC Filed Under: Overtime Exemptions

Matco Tools allegedly misclassified distributors of their products as independent contractors. An independent contractor is a self-employed individual or contracted entity that provides a service to another entity as a nonemployee. As such, Matco Tools did not have to provide employee benefits; which resulted in allegedly denying the distributor’s overtime

Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status

September 24, 2021 | Ogletree Deakins Filed Under: Overtime Exemptions

The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly debated issue in recent years, especially in the Fifth Circuit Court

New Secretary of Labor Hints at Increased Minimum Salary for Overtime Exemptions

June 11, 2021 | Jackson Lewis Filed Under: Overtime Exemptions

Jackson Lewis

Will the DOL again seek to raise the minimum salary level for exempt “white collar” employees?

In testimony before the House Education and Labor Committee on June 10, 2011, Secretary of Labor Marty Walsh stated that the Department of Labor (DOL) is reviewing a Final Rule issued during the Trump

Full Fifth Circuit to Hear FLSA “Day Rate” Case, Vacating Panel Opinion

March 12, 2021 | Jackson Lewis Filed Under: Overtime Exemptions

Jackson Lewis

In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the Fair

DOL Provides Insight Into the FLSA’s ‘Retail or Service Establishment’ Exemption, Opening the Door for Broader Application

September 4, 2020 | Ogletree Deakins Filed Under: Overtime Exemptions

On August 31, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued four opinion letters, one of which, Opinion Letter FLSA2020-11, addressed whether certain employees in the oilfield services industry were exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The specific

Fifth Circuit Reverses Course, Concludes That “Day Rate” Pay Method Fails to Satisfy FLSA’s “Salary Basis” Test for Overtime Exemptions

April 28, 2020 | Jackson Lewis Filed Under: Overtime Exemptions

Jackson Lewis

Upon further reflection, a panel of the U.S. Court of Appeals for the Fifth Circuit has determined that paying an employee a set amount for each day that he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the

  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Interim pages omitted …
  • Go to page 13
  • Go to Next Page »

Primary Sidebar

FLSA Article Index

  • Arbitration of FLSA Claims (1)
  • Breaks (9)
  • Commissions (6)
  • Comp Time (4)
  • Employees Covered (FLSA) (59)
  • Employers Covered (FLSA) (9)
  • FLSA Preemption (1)
  • General (FLSA) (207)
  • Holiday Pay, Gifts, Bonus (11)
  • Hours Worked (65)
  • Individual Liability (FLSA) (1)
  • Industries and Occupations (109)
  • Minimum Wage (Federal) (88)
  • Minimum Wage (State) (20)
  • Overtime (82)
  • Overtime Exemptions (194)
  • Record Keeping (FLSA) (6)
  • Retaliation (FLSA) (6)
  • Taxes (11)
  • Waiver and Release (3)

Site Search

Connect With Us!

  • Email
  • LinkedIn
  • Phone
  • RSS
  • Twitter

Article Calander

March 2023
SMTWTFS
 1234
567891011
12131415161718
19202122232425
262728293031 
« Feb    

Trending Content

  • Employee Locker Policy
  • Introduction To Employee Handbook Policy
  • Employee Discipline Policy
  • Sample Employee Handbook Disclaimer
  • Attendance Policy
  • Employee Benefits Policy
  • Employment At-Will Policy
  • Probationary Period Policy
  • Attendance and Absenteeism
  • Birthday Pay Policy

Footer

Social Profiles

RSSTwitterFacebookLinkedin

Tags

ABC News (60) Axios (28) BBC (27) Benefits Pro (31) Bloomberg (356) Business Insider (45) CBS News (74) CNBC (192) CNN (106) EEOC (273) Entrepreneur (80) Evil HR Lady (543) Fast Company (132) Forbes (1000) Fortune (77) Fox News (26) GovExec (26) Harvard Business Review (762) HR Dive (34) Inc. (114) Jackson Lewis (29) Law.com (41) Littler (43) MarketWatch (31) MSN (134) NBC (61) NBC News (38) Newsweek (29) New York City (60) New York Post (52) New York Times (931) NPR (144) Philadelphia (26) Politico (40) Reuters (141) Richmond Times Dispatch (30) Seattle Times (29) SHRM (101) The Guardian (64) TIME (31) USA Today (88) US News (75) Wall Street Journal (384) Washington Post (193) Yahoo! News (112)

Navigation

  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Log In

Privacy Policy, Disclaimers & Copyright
elinfonet.com, LLC • P.O. Box 45, Chinchilla, PA 18410 • 570-301-6277 • info@elinfonet.com