Tag Archives: Fair Labor Standards Act

DOL Announces Reversal of Employee/Independent Contractor Classification & Joint Employer Guidance

On June 7, 2017, the United States Department of Labor (DOL) reversed its previous guidance issued during the administration of President Barack Obama that broadened the circumstances in which employers could be held liable for misclassification of employees as independent contractors, and as a joint employer with a separate business.  New Secretary of Labor Alex … Continue Reading

House of Representatives Passes Overtime Bill to Give Workers Time Off Instead of Time-And-A-Half Pay

On May 2, 2017, the United States House of Representatives (the House) passed the Working Families Flexibility Act (the Act), which would give workers the option of receiving paid time off (PTO) instead of time-and-a-half pay currently mandated by the Fair Labor Standards Act (the FLSA). The Act passed 227-197, largely along party lines, with … Continue Reading

Court Stays DOL Overtime Rule, Holds Increased Salary Test Impermissibly ‘Supplants’ Duties Tests

The proposed overtime rules will not go into effect on Dec. 1. In a closely-watched case brought by 21 states (and joined by numerous business organizations) challenging the Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements (set … Continue Reading

Roundtable Discussion – New DOL Overtime Regulations

On Tuesday, June 21, 2016, in Greenberg Traurig’s Las Vegas office, and Wednesday, June 22, 2016, in Greenberg Traurig’s Phoenix office, GT will host a Roundtable Discussion regarding the new regulations issued by the DOL. These regulations will likely go into effect in a few weeks, changing one of the key components of federal wage and hour … Continue Reading

The New Overtime Regulations and Their Impact on the Salary Basis Test

As we previously discussed here, the United States Department of Labor (DOL) recently changed the Fair Labor Standards Act’s (FLSA’s or the Act’s) Salary Level and Salary Basis tests for the white collar exemptions to the Act’s overtime requirement.  Effective Dec. 1, 2016, employees must be paid at least $47,476 annually and $913 per week … Continue Reading

U.S. Department of Labor Issues Final Rule Boosting Minimum Salary for Overtime Exemptions

On May 18, 2016, President Obama and U.S. Department of Labor Secretary Thomas Perez announced the issuance of the Final Rule updating the salary requirements of the Fair Labor Standards Act’s overtime exemptions.  The increase in salary standard, which will go into effect on Dec. 1, 2016, boosts the minimum salary level for exempt status … Continue Reading

Final Rule Change to FLSA Salary and Salary Basis Tests for Overtime Exemption

On May 18, 2016, the United States Department of Labor (DOL) unveiled new overtime regulations that represent the largest change in the Fair Labor Standards Act (FLSA) in over two-decades.  The final version of the new FLSA rule will increase the salary threshold from $23,660 annually ($455/week) to $47,476 annually ($913/week) for a worker to … Continue Reading

Greenberg Traurig’s Jim Boudreau Quoted in Bloomberg BNA’s Labor and Employment Blog Series

Jim Boudreau, shareholder at Greenberg Traurig, was recently quoted in two articles in Bloomberg BNA’s Labor and Employment Blog series discussing issues relating to Article III in Fair Labor Standards Act (FLSA) class and collective actions. Jim also discussed the federal courts’ reaction to Campbell-Ewald and the potential for due process issues that may arise … Continue Reading

Rising Salary Levels Governing Fair Labor Standards Act’s ‘White Collar’ Exemptions May Lift Union Votes

Since March 14, 2016, when the Department of Labor (DOL) transmitted its final rule to the Office of Management and Budget (OMB) increasing the salary required to qualify for the “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA), employers have been encouraged to start planning to ensure compliance.1 Whether these regulations will … Continue Reading

Trial by Formula Revisited: Tyson Foods, Inc. v. Bouaphakeo and the Future of Wage & Hour Class Actions

Some important Supreme Court cases are hard to accurately capture in a sound bite, and this is one of them. In a narrow holding, the Supreme Court issued a 6-2 decision in Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___ (2016), addressing class claims for overtime compensation certified under Federal Rule of Civil Procedure 23 … Continue Reading

Start Planning! The Department of Labor’s White Collar Overtime Rules Are Coming…For Real!

On Monday, March 14, 2016, the Department of Labor (DOL) sent its final rule revising the white collar overtime exemption regulations of the federal Fair Labor Standards Act (FLSA) to the White House Office of Management and Budget (OMB). The OMB’s review is the final step in the regulatory process before the revised regulations are … Continue Reading

New White Collar Exemption Regulations Are Upon Us – Are You Prepared?

On March 14, 2016, the U.S. Department of Labor (DOL) via its Wage and Hour Division forwarded its proposed modifications to the white collar exemptions of the Fair Labor Standards Act (FLSA) to the Congressional Office of Management and Budget (OMB). This is the final step before the new regulation is officially published, allowing Congress … Continue Reading

DOL Proposes Dramatic Expansion to FLSA Overtime Protections

On June 30, for the first time in a decade, the Department of Labor (DOL) proposed a rule to broaden federal overtime pay regulations under the Fair Labor Standards Act (FLSA). The proposed changes will affect an estimated 5 million Americans and their employers, making it more difficult to meet the overtime exemption. The DOL … Continue Reading

Register for Webinar: ‘Identifying and Mitigating Risks Associated with New Trends in Employment Law’

Join Greenberg Traurig’s Labor & Employment Practice for a webinar discussion of how to efficiently assess and mitigate risk in the employment space in order to reduce long-term legal spending. Our attorneys will provide a high-level overview of recent federal and state developments that have increased risk exposure. Wednesday, February 25, 2015 12:00 p.m. — … Continue Reading

Federal Judge Vacates DOL’s New Companionship Exemption Regulations

We previously wrote a Client Alert about the Department of Labor’s (DOL) new regulations that were poised to eliminate the exemption from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime provisions for certain home-health care workers. As expected, the new regulations were met with significant pushback from certain home care employers and industry … Continue Reading
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