The U.S. Department of Labor (DOL) on Sept. 24, 2019, announced a final rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for
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FLSA
Department of Labor Proposes Changes to Overtime Rules
By Joshua Y. Joel & Greenberg Traurig on
The U.S. Department of Labor (DOL) on March 7, 2019, issued a new proposed rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions…
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California Supreme Court Holds California Statutes and Wage Orders do not Incorporate FLSA De Minimis Doctrine; Declines to Decide Whether De Minimis Principle May Ever Apply to Wage and Hour Claims
By Mark Kemple on
On July 26, 2018, the California Supreme Court issued a long-awaited decision in Troester v. Starbucks Corporation, in which it considered the applicability of the de minimis doctrine to claims…
Continue Reading California Supreme Court Holds California Statutes and Wage Orders do not Incorporate FLSA De Minimis Doctrine; Declines to Decide Whether De Minimis Principle May Ever Apply to Wage and Hour Claims
Supreme Court Rejects Practice of Construing Fair Labor Standards Act Exemptions Narrowly
By Sarah R. Goodman on
Posted in Department of Labor, FLSA
On April 2, 2018, in a 5-4 decision, the United States Supreme Court held that automobile service advisors are not entitled to overtime pay. Although the precise holding is of…
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Federal Law Reaches a Tipping Point
By Danielle E. Gonnella & Kristine Feher on
Posted in Department of Labor, FLSA
On March 23, 2018, President Trump signed into law the 2,232-page Omnibus Appropriations bill – HR 1625, Consolidated Appropriations Act for FY 2018, which funds the government for the rest…
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U.S. Department of Labor Reverses Course on Employment Status of Interns
By Terrence P. McCourt on
Posted in Department of Labor, FLSA
On Jan. 5, 2018, the United States Department of Labor (DOL) announced that it will utilize the so-called “primary beneficiary” test to determine whether interns are employees under the Fair…
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A Closer Look At FLSA’s Computer Professional Exemption
By Greenberg Traurig on
Posted in FLSA
Shareholder Jerrold Goldberg, with the assistance of Practice Group Attorney Melanie Sarver, recently published an article in Law360 discussing the Fair Labor Standards Act (FLSA). The FLSA requires the payment…
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Court Invalidates DOL Overtime Rule, Holds Increased Salary Test is Contrary to Congressional Intent and Exceeds DOL Authority
By Michael J. Slocum & John R. Richards on
Posted in Department of Labor, FLSA
On Nov. 22, 2016, a Texas federal court stayed implementation of the U.S. Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many…
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DOL Announces Reversal of Employee/Independent Contractor Classification & Joint Employer Guidance
By Greenberg Traurig on
Posted in Employee Classifications, FLSA
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…
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House of Representatives Passes Overtime Bill to Give Workers Time Off Instead of Time-And-A-Half Pay
By Greenberg Traurig on
Posted in FLSA
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…
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