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Showing 21 posts in Overtime.

Uncle Sam Wants You . . . To Tell Him a Little About Overtime

Under a 2016 Final Rule, the Department of Labor (DOL), under the Obama administration, pushed federal regulations under the Fair Labor Standards Act (FLSA) that would have more than doubled the “threshold” under which nearly every salaried employee would be entitled to overtime. In November 2016, a federal district court prevented the new threshold from coming into effect, and the subsequent election of President Trump called into doubt whether revised rules would ever be implemented. More ›

Overtime Expansion Over? Texas District Court issues Nationwide Injunction of Expanded Federal Overtime Rules

What Happened?

A federal judge has blocked the U.S. Department of Labor (DOL) from implementing new regulations under the Fair Labor Standards Act (FLSA) that expand overtime eligibility to 4.2 million salaried workers. The preliminary injunction issued yesterday found that the expanded overtime eligibility rules were contrary to the FLSA and Congressional intent.

The rules were supposed to become effective December 1, 2016. They grant overtime eligibility to millions of salaried white-collar employees whose salaries were not above a threshold of $921 per week ($47,892 annually), but whose duties otherwise would have made them exempt from overtime. With the injunction, the new regulations are on hold until the court issues a final decision. More ›

Peering into Hinshaw’s Crystal Ball: How the Trump Administration May Affect Labor and Employment Landscape

With the election of Donald Trump and transition to a Republican administration looming, employers are scrambling to predict what impact Trump will have on labor and employment policy and enforcement initiatives. What employers can expect in the first 12 months of a Trump Administration is unclear, but there likely will be change in the following areas: More ›

Overtime Exemptions Shrink

The hour has arrived. Last summer, the Wage and Hour Division of the Department of Labor announced substantial revisions to federal regulations delineating who is exempt from overtime pay. After almost a year of waiting (and over 290,000 comments to the draft rule), the DOL announced this week that it will be publishing the final form of its revised overtime regulations under the Fair Labor Standards Act (FLSA). This final publication will occur on Monday, May 23, 2016, but the pre-publication version is publicly available now. More ›

Court Revives DOL's Expanded Overtime and Minimum wage Rules for Home Health Care Workers

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia in Home Care Association of America v. Weil reversed a lower court decision and upheld the U.S. Department of Labor's (DOL) 2013 regulatory change regarding domestic service workers who provide companionship services or live-in care.  More ›

It may be a Lawyer Doing work at a law firm…but don't call it 'Legal Work'

As e-discovery issues abound, the increased number of contract lawyers combing through massive document productions for privilege and relevance has developed into a cottage industry in the past decade. Companies helping law firms whose clients are embroiled in litigation with huge document productions has spawned new international businesses hiring American lawyers. And like any profitable business innovation, competition follows. Now law firms are bringing these document review lawyers on board and asking them to analyze myriad documents for their clients instead of farming this work to outside companies. But are these document review lawyers performing 'legal work'? The answer may depend on who you ask and why you're asking, but if you ask the Second Circuit Court of Appeals, they will tell you "no." More ›

Department of Labor Significantly Expanding Overtime Eligibility

The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is the time to begin considering how employees are classified, and whether they may continue to be exempt from overtime wages in the future. More ›

Employer Prevails on Misclassification Claim Where Employee Fails to Prove Hours Worked

Greg Holaway worked as a Field Service Engineer for Stratasys, Inc. He was categorized as exempt from the provisions of the Fair Labor Standards Act (FLSA) requiring the payment of overtime. Even though his title was "Engineer," his position was closer to that of a customer service technician who installed machines and maintained previously installed machines. He was responsible for customers in various states. On February 8, 2012, Holaway sent an email to other Field Service Engineers complaining about being expected to work 45 to 60 hour weeks without overtime pay. He was terminated shortly after he sent the e-mail, ostensibly for violating the company's online protocol. More ›

California Court Decertifies wage, Break Claims due to lack of Commonality

Home delivery newspaper carriers brought suit against the publisher for violations of the California Labor Code, arguing that they were not paid overtime wages, the proper minimum wage, and did not receive rest breaks, among other things. Specifically, the carriers claimed that they were improperly classified as independent contractors, though they were actually more akin to employees, and thus should have received the benefits of being an employee (such as receiving overtime wages). More ›

Employees Entitled to Recover Unpaid Wages, Regardless of Immigration Status

Just because an employee does not report income to the IRS or used a fake Social Security card to get his job does not mean an employer can deprive the employee of overtime pay, says the 11th Circuit Court of Appeals.  More ›