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

Co-authored by Brett C. Bartlett and Katherine M. Smallwood

In the wake of the U.S. Department of Labor’s Wage & Hour Division proposal to amend the “white collar” exemptions, some members of the United States Congress are struggling with how they will comply with the new law.

United States Senators and Representatives employ teams of staff who are required to
Continue Reading What’s Good for the Goose: Members of Congress Will Face Challenges in Complying With the DOL’s Proposed Overtime Rules

As our readers know, the laws regarding how, and how much, employers must pay their employees are rapidly evolving. Against this backdrop, we are excited to announce Five on Friday, a new micro-blog series developed by Seyfarth’s Wage & Hour Litigation Practice Group.

Each installment in this weekly series will feature a skilled lawyer or expert who will answer
Continue Reading Introducing Seyfarth’s New Micro-Blog Series, Five on Friday

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 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

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

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