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 $47,417 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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DOL to Seek Public Input on Creating a New Overtime Rule

The Department of Labor (DOL) announced it will publish a Request for Information (RFI) for the overtime rule on Wednesday, July 26, 2017. The RFI is an opportunity for the public to provide information that will aid the department in formulating a proposal to revise these regulations that define and delimit exemptions from the Fair […]

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DOL Wants Salary Level to Determine Overtime Eligibility

The Department of Labor (DOL) today asked the 5th Circuit Court of Appeals to clarify its authority to establish a salary threshold for determining overtime eligibility, but did not endorse the Obama-era proposed salary level of $47,476 a year. In a brief filed in the ongoing appeal over an injunction blocking President Obama’s effort to […]

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DOL to Request Public Input on Stalled Overtime Rule

Labor Secretary Alexander Acosta informed a House subcommittee on June 7 that the Department of Labor (DOL) will submit a Request for Information  (RFI) to seek input on the Obama-era overtime rule that has been blocked for half a year by a federal judge’s injunction. An RFI is a “pre-rulemaking” procedure during which an administrative […]

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