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

Authored by Alex Passantino

Pinning down a publication date for the DOL’s final revisions to the white-collar exemption rules has proven difficult for anyone outside of the agency’s headquarters. Sometimes, the answer seems to elude even those inside the Frances Perkins Building. From statements from the Solicitor last Fall that the rule would be out in “late 2016
Continue Reading Summertime Blues? Solicitor of Labor Eyes July Publication of Overtime Regs

Co-authored by Katy Smallwood and Kevin Young

Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously supervising and directing subordinates, plaintiffs’ attorneys routinely argue that the most relied upon overtime exemption in this area—the executive exemption—is
Continue Reading Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager is Exempt

Authored by Gena B. Usenheimer

As we previously reported, this past August, the D.C. Circuit Court of Appeals upheld the Department of Labor’s Final Rule imposing sweeping changes to the former companionship exemption under the Fair Labor Standards Act. The group of home care associations that challenged the scope of the new regulations in court recently asked the U.S.
Continue Reading DOL’s New Companionship Exemption to Take Effect on October 13

Co-authored by Adam Vergne and Kevin Young

On Friday, Seyfarth’s Wage & Hour Litigation Practice Group submitted its comments to the Wage and Hour Division’s recent Notice of Proposed Rulemaking. As our readers know, the NPRM signals a potential overhaul to the FLSA’s white-collar exemptions. Seyfarth’s comments offer an insightful response to each aspect of the NPRM. Although not
Continue Reading Seyfarth Submits Comments in Response to Proposed Overtime Rules

playballCo-authored by Laura E. Reasons and Noah A. Finkel

Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest—a five-day interactive baseball theme park organized in conjunction with Major League Baseball’s 2013 All-Star Week and held at the Javits Center in New York City—is an “establishment”
Continue Reading MLB FanFest Volunteers Strike Out at Second Circuit Under FLSA’s Seasonal Amusement or Recreational Establishment Exemption.