FLSA - Overtime Exemptions

On May 28, 2026, the U.S. Department of Labor Wage and Hour Division (DOL) released an opinion letter confirming an important point for employers: an employee who qualifies for the executive, administrative, or professional exemption under Section 13(a)(1) of the Fair Labor Standards Act (FLSA) does not automatically lose that exemption merely because they perform some secondary non-exempt work for which they are paid on an hourly basis.

On May 14, 2026, the U.S. Department of Labor (DOL) announced that it is formally rescinding the 2024 overtime rule that would have made potentially millions more white-collar workers eligible for overtime premium pay under the Fair Labor Standards Act (FLSA).

A Columbus, Ohio–area home health services company recently agreed to pay $975,000 to resolve a collective action alleging it misclassified its program managers as exempt from overtime pay. The case may serve as a cautionary reminder for healthcare employers about the risks of classifying frontline

On February 11, 2026, the U.S. District Court for the Western District of Pennsylvania ruled that recruiters for an information technology staffing firm were entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The court reasoned that the recruiters should not be classified as

Recently the U.S. Department of Labor (DOL) responded to a request for an opinion clarifying how tipped employees can meet the 7(i) exemption. While the Fair Labor Standards Act (FLSA) requires nonexempt employees (including tipped employees) to be paid at least minimum wage for all hours worked and

DOL Opinion Letter Offers Reminders on Exempt Classification Decisions On January 5, 2026, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2026‑1 , addressing whether an employer may classify an employee as non‑exempt even when the employee satisfies the educational and job duties requi

On July 2, 2025, the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a proposed rule that would allow third-party home healthcare providers to rely on the domestic service exemption that existed under the Fair Labor Standards Act (FLSA) implementing regulations issued before 201

TakeawaysA recent decision by the Fifth Circuit Court of Appeals clarifies how courts should apply the highly compensated employee exemption under the Fair Labor Standards Act.For the exemption to apply, an employee must perform at least one exempt duty set forth in the standard executive, administr

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 contin

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

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 compens

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.

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 tha

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

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-colla

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

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.

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.

A federal judge in Texas seemed skeptical that the U.S. Department of Labor (DOL) did not overreach with its latest rule that raised the minimum salary thresholds to the Fair Labor Standards Act’s (FLSA) white-collar overtime exemptions during arguments in a challenge by the state of Texas and sever