Authored by Jacob Oslick

The big questions often have surprisingly simple solutions, staring right back at us:

  • If a tree falls in the forest, and no one hears it, does it make a sound? Sound exists as a mechanical wave of pressure, regardless of whether anyone hears it. 
  • What came first, the chicken or the egg? The egg. Evolution shows


Continue Reading The DOL’s New Proposed Overtime Rules and Part-Time White Collar Employees: Can the Fluctuating Workweek Method Solve the Problem?

Authored by Alex Passantino

While much of Washington, DC, begins its preparations for the inevitable summer slowdown, the Department of Labor’s Wage and Hour Division appears to be ramping up for a summer sure to keep wage and hour lawyers across the country hopping (and likely ruining some planned vacations).

Since WHD’s proposed rule made its way over to OMB’s
Continue Reading Proposed White Collar Exemption Regulations are Coming . . . Soon (and Other Items of Regulatory Interest)

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 

As Juno prepares to pummel the Northeast with snow, employers should prepare for any weather-related closures of their offices, factories, or other facilities.  The effect of a weather-related closure on compensation requirements varies for different types of employees and also varies by state.

EXEMPT EMPLOYEES

Most employees who are exempt from federal overtime requirements and paid
Continue Reading Juno How to Pay When Your Facilities Close for Weather-Related Reasons?

Authored by Alex Passantino

Earlier this week, Senator Harkin, along with eight Democrat co-sponsors, introduced the “Restoring Overtime Pay for Working Americans Act.”  If it became law—a prospect that at this time appears highly unlikely—this proposal would increase the salary level required to qualify for the FLSA’s white collar exemptions from the current $455 per week to $1,090
Continue Reading Disrespecting the Secretary’s Authority? Senate Bill Would De-Authorize Labor Department’s Ability to Set Salary Level and Primary Duty Standard under FLSA Exemptions

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

Authored by Alex Passantino

Today, the New York Times reported that the Obama Administration intends to propose comprehensive changes to the Fair Labor Standards Act’s most significant exemptions — the exemptions for executive, administrative, and professional employees.  

Although the details are still fuzzy, it appears — as we suggested last week — that the Administration will seek to raise the
Continue Reading Exempt No More? DOL to Propose Sweeping Changes to White Collar Exemptions