white collar exemption

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Co-authored by Brett C. Bartlett, Katherine M. Smallwood, and Michael DuMond & Bo Shippen of Economists Incorporated

The U.S. Department of Labor’s Wage & Hour Division recently announced its proposal to amend 29 C.F.R. Part 541, containing the “white collar” exemption for executive, administrative, and professional employees. The Division’s proposal would dramatically increase the salary levels required for…
Continue Reading How Proxy Data and Pilot Studies Can Help Employers Prepare for the DOL’s New Proposed Overtime Rules

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

Authored by Alex Passantino

According to Politico, the White House will begin to announce details of the long-anticipated revisions to the overtime regulations on Tuesday morning.  Initial reports are that the salary level required for exemption will more than double, from $23,660 to $50,440.

More details on this developing story as we learn them.
Continue Reading OT Rules Out This Week

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

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 Barry Miller

On Monday, the Supreme Court issued its ruling in Perez v. Mortgage Bankers Association, examining the validity of the Department of Labor’s 2010 Administrator’s Interpretation on the application of the FLSA’s administrative exemption to mortgage loan officers. As noted in our previous post, the D.C. Circuit struck down the Administrator’s Interpretation because the DOL…
Continue Reading Supreme Court Holds that Flip-Flopping Alone Does Not Invalidate DOL’s Guidance on Exempt Status of Mortgage Loan Officers

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