administrative exemption

Authored by Alex Passantino

Today, the DOL’s Wage & Hour Division (WHD) sent its anticipated Request for Information (RFI) on the overtime rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). Review of the RFI by OIRA is one of the final steps before publication in the Federal Register.

The RFI is expected to
Continue Reading DOL Sends OT Request for Information to White House for Review

Authored by Sheryl Skibbe

On Wednesday, the Fifth Circuit Court of Appeals granted the Justice Department’s additional unopposed request for a 60-day extension to figure out its position on the new FLSA overtime exemption rules.

The stated reason for the government’s unopposed request was to “allow incoming leadership personnel adequate time to consider the issues.” Nevada v. DOL, No.
Continue Reading Time and Time Again

capitol from afarAuthored by Emily Barker

President Trump’s pick for Labor Secretary, Andrew F. Puzder, has withdrawn his name from consideration. Support for Puzder had eroded quickly over the last week.

To secure his appointment, Puzder needed at least 50 Senate votes plus a possible tie-breaking vote from Vice President Pence. Republicans control 52 seats in the Senate. Puzder withdrew from consideration
Continue Reading Puzder Bows Out, While the DOL (and its New OT Rule) Waits

Authored by Kevin Young

Will the Department of Labor’s new overtime rule go into effect? When will a new Secretary of Labor be confirmed? We don’t have the answers just yet, but a lot has happened over the last few weeks to inch us closer. As things heat up, we wanted to update our readers on all the latest.

Where
Continue Reading New Rules, New Secretary? As Spring Inches Closer, We’re Getting Warmer.

coins-currency-investment-insurance-128867Co-authored by Robert S. Whitman and Howard M. Wexler

With employers about to ring in 2017, the New York State Department of Labor—with only two days to spare—has finalized regulations to increase the salary threshold for exempt status. The regulations, originally introduced on October 19, 2016, take effect on December 31, 2016.

Employers were hopeful that the State
Continue Reading NY DOL Approves Regulations to Increase Salary Threshold for Exempt Employees

Authored by Seyfarth’s Wage & Hour Litigation Practice Group

Late Tuesday afternoon, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas issued an order enjoining the U.S. Department of Labor’s implementation and enforcement of the new overtime exemption rules that were set to go into effect on December 1, 2016. The court granted a
Continue Reading Texas Judge Preliminarily Enjoins New Overtime Exemption Rules Nationwide: What Steps Should Follow?

Authored by Alex Passantino

Seyfarth Synopsis: 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
Continue Reading Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

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 They’re Here: White Collar Exemption Revisions Announced

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

Authored by Alex Passantino

Last week proved to be a busy one in the world of wage and hour policy. First, WHD sent its final rule package to OMB for review. Then, Secretary of Labor Tom Perez testified before three Congressional committees , where he was asked about many DOL initiatives, including the overtime rule, joint employment, and independent contractors.
Continue Reading House, Senate Seek to Stop Overtime Rules