Proposed New Overtime Rules Due in January

The Department of Labor (DOL) says it expects to release a Notice of Proposed Rulemaking (NPRM) in January concerning the issuance of new overtime rules and specifically “to determine what the salary level for exemption of executive, administrative, and professional employees should be.” The current overtime rules on the books date to 2004 and the […]

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DOL to Push Overtime Rulemaking Back into 2019

In its latest regulatory agenda, the Department of Labor (DOL) confirms that its effort at creating a new overtime rule to replace the one now under a nationwide injunction is being pushed into 2019 from its original October 2018 deadline. In late November 2015, a federal district judge put a temporary hold on the Obama […]

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Paid Overtime for Sleeping on the Job?

It’s an issue that California has somewhat definitively solved, but one with which the nation’s courts have struggled: If your work requires you to sleep on the job, are you thereby eligible for minimum wage, if not overtime, during your non-waking hours? A case in Connecticut involving caretakers who sleep at the homes of their […]

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SCOTUS Rejects Obama DOL Overtime Interpretation

In a win for auto dealerships, the Supreme Court has ruled 5-4 that “service advisers” — those individuals who advise customers on which type of servicing or repair is needed on their car — are exempt from overtime. The Department of Labor (DOL) in 2011 ruled that they are overtime eligible, even though the Fair […]

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Chipotle Workers Challenge Overtime Rule Injunction — and Now Must Pay

A group of Chipotle workers in New Jersey filed suit to be paid under the Obama overtime rule that raised the exemption threshold to $47,476 a year, and U.S. District Judge Amos Mazzant — who issued a permanent injunction against the rule — wasn’t too pleased. He ordered them to go back to work and […]

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DOL Launches Voluntary FLSA Violations Reconciliation System

The Wage and Hour Division (WHD) of the Department of Labor (DOL)  has announced a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which facilitates resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The program’s primary objectives are to resolve such claims expeditiously and without […]

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In New Twist, DOL Will Appeal Court Injunction Against Obama Overtime Rule

After dropping the Obama-era appeal of an injunction against that administration’s proposed overtime rule, sources say the Department of Labor (DOL) is poised to return to court to argue against the permanent injunction issued this summer by Judge Amos Mazzant. The reason appears to be to preserve the use of a salary threshold in determining […]

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District Court Trumps Appeals Court on Obama Overtime Rule

A month before the U.S. 5th Circuit Court of Appeals was to consider the preliminary injunction against the Obama-era overtime rule raising the salary threshold for exemption to $47,476 a year, the Texas District Court that issued the preliminary injunction against the rule made it permanent. This means the process must start all over again, […]

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5th Circuit to Hear Overtime Rule Appeal Arguments on Oct. 3

The 5th U.S. Circuit Court of Appeals has set Tuesday morning, Oct. 3, as the time for oral arguments on the Obama-era overtime rule that was blocked by a federal judge days before it was to take effect this past December. That rule would’ve doubled the salary threshold for exemption from overtime pay from $455 […]

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Circuit Court to Hear Overtime Rule Appeal in Early October

The 5th U.S. Circuit Court of Appeals in New Orleans, arguably the most conservative of all appeals courts, announced it will hear the appeal to the injunction against the Obama-era overtime rule in early October. That rule, which raised the salary threshold for overtime exemption to $913 a week, was blocked by a federal judge […]

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