Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

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Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

Posted in DOL Enforcement, Misclassification/Exemptions

Authored by Alex Passantino

Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas.

The first lawsuit, citing (among other things) the severe impact the impending salary increase will have on state and local government budgets, was filed by the Attorneys General of Nevada, Texas, and 19 other states (the … Continue Reading

Should Franchisors Become BFFs with WHD?

Posted in DOL Enforcement

Authored by Alex Passantino

Seyfarth Synopsis:  WHD is seeking to enter into compliance agreements with, among others, franchisors.  Whether an employer should take WHD up on their offer to sign on the line depends on a variety of considerations.

Expanding upon a relationship started in 2012, the U.S. Department of Labor’s Wage & Hour Division and Subway announced a voluntary Continue Reading

Another Federal Court Thinks the DOL Is Out to Lunch On Tip Credit Rule

Posted in DOL Enforcement, Service Charges/Gratuities

Authored by Noah Finkel and Cheryl A. Luce

Seyfarth Synopsis: New decision from Northern District of Georgia rejects the DOL’s interpretation of the FLSA tip credit law. Holds that the FLSA does not regulate tips received by employees who are paid at least minimum wage.

Imagine that you are a restaurateur. You employ servers and bartenders who receive tips, but … Continue Reading

SCOTUS Says DOL Needs to Explain Itself If It Wants Deference to its Regulations

Posted in DOL Enforcement, Misclassification/Exemptions, Overtime

Authored by Abigail Cahak

Seyfarth Synopsis: The Supreme Court dealt a blow to the Department of Labor’s rulemaking procedures, criticizing the agency for explicitly changing its long-standing treatment  of automobile service advisors as overtime exempt while saying “almost nothing” regarding the reasons for the abrupt change.

This week, the Supreme Court dealt a blow to the Department of Labor’s rulemaking … Continue Reading

They’re Here: White Collar Exemption Revisions Announced

Posted in DOL Enforcement, Overtime

Authored by Alex Passantino

Tomorrow, the Department of Labor’s long-awaited revisions to the Fair Labor Standards Act’s white collar exemption will be announced. Although there certainly will be additional nuance identified once the entire package has been made available, here are the bottom line changes:

The new salary level required for the executive, administrative, and professional exemptions will be $913… Continue Reading

Plaintiffs’ Bar Sets Sights on New Lawsuits Following DOL Rule Amendments

Posted in DOL Enforcement, Misclassification/Exemptions

Co-authored by Richard Alfred, Brett Bartlett, and Noah Finkel

The Department of Labor’s release of the new exemption regulations appears imminent. As we have reported in a number of posts, these new rules are expected to nearly double the minimum annual salary level required for employees under the administrative, executive, and professional exemptions (currently $23,660 to between … Continue Reading

New FLSA Overtime Exemption Rules Expected Imminently

Posted in DOL Enforcement

By: Seyfarth Shaw’s Wage Hour Litigation Practice Group

Seyfarth Synopsis: As early as next week, the Department of Labor is expected to issue its final rule implementing revisions to the regulations governing the application of the FLSA’s “white collar” exemptions from overtime and minimum wage. 

The culmination of more than two years’ worth of work by the Department, the final … Continue Reading

Get Ready!: OT Rules to OMB

Posted in DOL Enforcement, Overtime

Authored by Alex Passantino

The Department of Labor has submitted the final overtime rule to OMB for review. Typically, OMB review takes 30 to 60 days. Last year, OMB reviewed the proposed rule for just about 60 days before approving it. On this timetable, DOL is looking at the possibility of a May date for publication of a final rule.… Continue Reading