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Scott is a senior counsel of Seyarth Shaw’s national Wage and Hour Litigation practice group in Washington, DC. Scott provides clients with expert guidance on workforce health, navigating complex federal, state, and local laws. With experience advising and litigating under federal labor laws such as OSHA, MSHA, FLSA, and others, Scott offers valuable insight into overlapping legal issues. His background working for the U.S. Department of Labor gives him a comprehensive understanding of government enforcement, allowing him to efficiently resolve matters for his clients.

Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary tests for evaluating overtime exemptions are valid and do not exceed the Department of Labor’s authority under the Fair Labor Standards Act (“FLSA”).

Robert Mayfield, a Texas-based fast-food purveyor, challenged

Continue Reading Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority

Seyfarth Synopsis: The first challenge to the Department of Labor’s overtime rule has landed, but what the U.S. District Court for the Eastern District of Texas will do with it and how any decision will affect businesses remains up in the air.  As this litigation develops, businesses must still prepare for the upcoming July 1, 2024 salary threshold increase.

What

Continue Reading Déjà vu All Over Again: The DOL Overtime Rule Faces Legal Challenge

Seyfarth synopsis: Today, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This development requires attention from virtually all employers.

The DOL’s final overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

Continue Reading U.S. DOL Releases Final Overtime Rule—Effective July 2024

Seyfarth Synopsis: With DOL’s overtime exemption rule currently under White House review, we could see its publication sooner rather than later.

We previously reported on the Biden Administration’s April 2024 target date to publish the DOL Wage and Hour Division’s (“WHD”) final rule on increasing the minimum salary level for white-collar exemptions, “Defining and Delimiting the Exemptions for Executive

Continue Reading Working Overtime: Is Publication of DOL’s OT Exemption Rule Imminent?

The comment period on the U.S. DOL Wage and Hour Division’s Notice of Proposed Rulemaking, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” closed on November 7, 2023, with interested stakeholders having uploaded over 33,000 submissions.  Now the Department will need to read and respond in preparing its final rule.

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Continue Reading You Asked for It: U.S. DOL Wage and Hour Division Receives Comments on EAP Exemption Rule, Including from Seyfarth Shaw