Wage & Hour Litigation Blog

Category Archives: Salary Basis

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President Directs Secretary of Labor to Begin the Regulatory Process

Posted in DOL Enforcement, Misclassification/Exemptions, Salary Basis

Authored by Alex Passantino

As we expected when we reported on this yesterday, President Obama today signed a Presidential memorandum directing the Secretary of Labor to “restore the common sense principles” related to overtime.  In his remarks, President Obama focused on his belief that overtime protections have “eroded,” that “if you work more, you should be paid more,” and that … Continue Reading

Exempt No More? DOL to Propose Sweeping Changes to White Collar Exemptions

Posted in DOL Enforcement, Misclassification/Exemptions, Salary Basis

Authored by Alex Passantino

Today, the New York Times reported that the Obama Administration intends to propose comprehensive changes to the Fair Labor Standards Act’s most significant exemptions — the exemptions for executive, administrative, and professional employees.  

Although the details are still fuzzy, it appears — as we suggested last week — that the Administration will seek to raise the … Continue Reading

Back to “Basis”: Beware the FLSA’s “Salary Basis” Requirement For Returning Exempt Employees

Posted in DOL Enforcement, Salary Basis

Co-authored by Meredith Bailey and Alex Passantino

Early this morning, President Obama signed legislation ending the sixteen-day federal government shutdown and returning hundreds of thousands of federal employees back to work.  The end of the shutdown also prompts the welcome return of many private sector employees by employers ready to resume operations.  Employers are reminded that special considerations may accompany … Continue Reading

No Salary-Basis Side Effects for Rite Aid’s Time-Off Prescription

Posted in Salary Basis, Uncategorized

Authored by Ed Bergmann

Last Friday, the Fourth Circuit issued an unpublished per curiam decision in Kulish v. Rite Aid Corporation and Eckerd Corporation [here], which affirmed a decision by the District of Maryland [here] that took a practical approach to the “salary basis” requirement for white-collar exempt employees.  The FLSA’s salary basis regulations require most … Continue Reading

Half-Time: Not Just for Football Bathroom Breaks Anymore

Posted in Damages, Overtime, Salary Basis

By Robert S. Whitman and Howard M. Wexler

If an employee is erroneously misclassified as exempt, she is entitled to recover any unpaid overtime at the rate of time-and-a-half for all hours over 40.  Right?

Wrong, according to a welcome decision (here) from Judge J. Paul Oetken of the Southern District of New York.   The decision confirms what … Continue Reading

Seyfarth to Liveblog Senate HELP Committee Hearing on Minimum Wage

Posted in Salary Basis

Please join us on Thursday, March 14 at 10:00 AM ET as we liveblog the Senate HELP Committee’s hearing on “Keeping up with a Changing Economy: Indexing the Minimum Wage.” Seyfarth’s Alexander Passantino, former Acting Administrator and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division, will give real-time analysis of the hearing and take questions … Continue Reading

Update to “Thanks Albany”: Labor Law Amendment Expands Permissible Deductions From Employees’ Wages

Posted in Salary Basis

Co-authored by Rob Whitman & Carlos Lopez

On September 7, 2012, Governor Cuomo signed an amendment to the New York Labor Law that loosens restrictions on employers’ ability to make authorized deductions from employees’ wages.  We reported on the amendments, the most significant of which allow employers to recoup pay advances and inadvertent overpayments, back on June 27 [include link], … Continue Reading