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Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.

Seyfarth Synopsis: On October 29, 2024, the Fifth Circuit granted the Department of Labor’s Petition for Panel Rehearing in the 80/20…

Continue Reading Tips from Seyfarth: Opinion Update – Fifth Circuit Clarifies Scope of its Decision Vacating 80/20 Rule

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

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.

Seyfarth Synopsis: In a unanimous decision, a panel of the Fifth Circuit invalidated the DOL’s 2021 rule codifying the 80/20 rule.…

Continue Reading Tips from Seyfarth: In a Major Win for Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule

Seyfarth Synopsis: The DOL’s revised overtime exemption rule takes effect today, July 1, 2024. While several lawsuits are challenging the rule, a last-minute injunction was ultimately granted for only one employer: the State of Texas. The rule is in effect for all other businesses, including businesses in Texas.

In April 2024, the U.S. Department of Labor published its…

Continue Reading Injunction Party of One: New OT Rule Takes Effect for All Employers…Except the State of Texas
Water droplet in shallow tank
Terry Vlisidis, Unsplash

By: Kevin M. Young

Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive, thoughtful planning is key for employers to navigate these waters for their business and impacted employees alike.

With the U.S. DOL’s final overtime exemption…

Continue Reading Ripples in the OT Waters: Considering the Downstream Effects of Reclassifying Exempt Employees

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

By: A. Scott Hecker and Ariel Fenster

Seyfarth Synopsis: Child labor laws remain fertile ground for government enforcement as evaluate key issues for 2024. Late last year, the Wage Hour Division released guidance for new processes to assess greater penalties against companies who violated child labor laws. Companies should take note of the increased financial risks and overall teamwork between…

Continue Reading Child Labor Law Penalties on the Rise – Employers Face Various Avenues to Increased Exposure

By A. Scott Hecker

Seyfarth Synopsis: On December 6, 2023, the Biden Administration announced the release of its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. The U.S. Department of Labor’s Wage and Hour Division continues to pursue – with frequent delays – a number of significant rulemakings, including the Division’s proposed increase to the minimum salary level for …

Continue Reading The Biden Administration Issued Its Fall 2023 Regulatory Agenda – What Can We Expect From the DOL Wage and Hour Division’s Rulemakings?

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.

Seyfarth…

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

By Lennon Haas and Noah Finkel

Seyfarth Synopsis:  Employers frequently struggle with questions around the compensability of certain activities, classification of employees, and how to structure their policies to avoid Fair Labor Standards Act violations.  Getting the answers wrong can be costly.  But getting them wrong without making reasonable efforts to comply with the law doubles an employer’s exposure.  According…

Continue Reading Calling Your Wage and Hour Lawyer Might Save Your Company $22 Million