Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

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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

What’s Good for the Goose: Members of Congress Will Face Challenges in Complying With the DOL’s Proposed Overtime Rules

Posted in DOL Enforcement

Co-authored by Brett C. Bartlett and Katherine M. Smallwood

In the wake of the U.S. Department of Labor’s Wage & Hour Division proposal to amend the “white collar” exemptions, some members of the United States Congress are struggling with how they will comply with the new law.

United States Senators and Representatives employ teams of staff who are required to … Continue Reading

Ninth Circuit “Tips” Away from Prior Decision, Finds Pooling Rules Applicable

Posted in DOL Enforcement, Service Charges/Gratuities

Authored by Alex Passantino

All around the country, tipping practices have been coming under scrutiny.  Restaurants increasingly have abandoned their use of tip credit — and tipping — partially due to a belief that a higher wage not tied to the fluctuations of tipping is better for morale and operations, and partially due to the complexities of dealing with wage … Continue Reading

One Last Time: President Seeks Huge Increase to WHD Budget, Investigators

Posted in DOL Enforcement, Joint Employment

Authored by Alex Passantino

The President’s FY2017 budget request seeks a nearly $50 million increase in the Wage & Hour Division’s budget.  This more than 20% increase would fund, among other things, 300 additional investigative staff — putting the number of WHD employees over 2,000 for the first time in recent memory.  WHD also seeks around $9 million for … Continue Reading