executive exemption

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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.

Co-authored by Louisa Johnson and Alex Passantino

As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s overtime pay and minimum wage requirements. In addition to proposing that the minimum salary level for exemption…
Continue Reading How Contemplated Changes to the White-Collar Exemptions’ Duties Tests Could Reward Your Poor Performers…and What You Can Do in Response

Authored by Alex Passantino

Today, the U.S. Department of Labor’s Wage & Hour Division announced its long-awaited proposal to amend 29 CFR Part 541, the “white collar” exemption for executive, administrative, and professional employees. Somewhat surprisingly, the Division only made specific proposals with respect to the salary levels required for the exemption and the highly-compensated exemption. In 2016, which is…
Continue Reading Obama Administration Proposes New Overtime Rules

Co-authored by Coby M. Turner and Adam J. Vergne

In the Central District of California—often known as a magical kingdom for plaintiffs in wage-hour lawsuits—Judge Fernando Olguin brought everyone back to reality by denying class certification. Plaintiff Aladdin Zackaria alleged Wal-Mart incorrectly classified its Asset Protection Coordinators (“APC”) as exempt and moved to certify a class of all APCs that…
Continue Reading No Wishes Granted for Aladdin—Class Cert Denied

Authored by Alex Passantino

According to a blog post by Secretary Perez, the Department of Labor has submitted its proposed rule to OMB for review.  Typically, OMB review takes 30 to 60 days (or longer).  On this timetable, DOL still may hit its most recent target of “Spring” for publication of a proposed rule.

While at OMB, the…
Continue Reading Overtime Exemption Rule to OMB

Authored by Alex Passantino

On Wednesday, Secretary of Labor Thomas E. Perez told a House committee that he hoped the Department’s proposed revisions to the white-collar overtime regulations would be published this Spring.

During a hearing of the House Education and Workforce Committee in which the topic was the President’s FY2016 budget request for the Department of Labor, Secretary Perez…
Continue Reading Proposed Overtime Regulations Slated for “Spring”

Authored by Alex Passantino

For twelve months, the employer community has been on the lookout for a regulatory proposal that would fundamentally change the application of the most-used exemption from minimum wage and overtime—the Part 541/white-collar exemption.  Increased salary obligations, a heightened requirement to establish an exempt employee’s primary rule, and a number of other changes have been rumored.

Today…
Continue Reading 525,600 Minutes of Overtime Consideration

Authored by Alex Passantino

Over the past several weeks, we have received an increasing number of questions about the status of the Department of Labor’s revisions to the “white collar” overtime exemptions.  As regular readers know, last March, the President directed the Secretary of Labor to begin the regulatory process on those regulations.  At that time, the President directed the…
Continue Reading Whatever Happened to those Overtime Rules?

Authored by Alex Passantino

It’s the week before Christmas, and we’ve accepted our mission,
The annual wage hour “sum-up” composition.
And to start it all off, we’ve got something nice,
‘Cause the Supreme Court addressed wage and hour stuff twice.

The year started out with the first one of those;
As Justice Scalia answered “What counts as clothes?”
With…
Continue Reading Integral Clothes and Mistletoes: 2014 Year in Review

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 President Directs Secretary of Labor to Begin the Regulatory Process