fbpx

overtime exemptions

The Fifth Circuit recently examined the job duties required to qualify as a highly compensated employee under the FLSA.  Smith v. Ochsner Health Sys., No. 18-31264, — F.3d –, 2020 WL 1897186 (5th Cir. Apr. 17, 2020).  The Fair Labor Standards Act (“FLSA”) exempts certain highly-compensated employees (“HCEs”) from the requirement that they receive overtime […]

Continue Reading

On August 21, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Faludi v. U.S. Shale Solutions, L.L.C. that settled an important question, finding that a guaranteed day rate that provides compensation exceeding  at least $455 per week can meet the Fair Labor Standard Act (“FLSA”) salary requirements for the […]

Continue Reading

Hey Compliance Warriors! So, we have the new overtime rule in our site. What does it say and what does it mean? How does all of this compare to the 2016 Rule and what will we need to change compared to today’s rule? Read on to find out!

Continue Reading

The Department seeks public input on questions such as: What is the appropriate salary level (or range of salary levels) above which the overtime exemptions for bona fide executive, administrative, or professional employees may apply? Why? What benefits and costs to employees and employers might accompany an increased salary level? How would an increased salary […]

Continue Reading

Hey Compliance Warriors! Just when we thought we knew what is going on with the Obama Overtime Rule, they change the game on us and reopen the appeals process. This argument is not in play because the DOL wants the Obama Rule to stand as is. However, the DOL is defending the August 2017 ruling […]

Continue Reading

Hey Compliance Warriors! On September 28, 2017, the U.S. Supreme Court agreed to hear a case in regarding the FLSA’s overtime exemption covering “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” The case is Encino Motorcars v. Navarro, No. 16-1362.  Read on…

Continue Reading

Hey Compliance Warriors! The U.S. Department of Labor (DOL) has finalized decisions not to defend the overtime rule finalized under the Obama Administration. Instead, the DOL has begun a new rulemaking process. Read on…

Continue Reading

Hey Compliance Warriors! The U.S. Department of Labor (DOL) has decided not to defend the overtime rule finalized under the Obama Administration. Instead, the DOL will begin a new rulemaking process. Read on…

Continue Reading

UPDATE: This final rule has been put on hold until DOL has an opportunity to appeal or submit a new rule. Update expected in 2019. In this video, Lisa Smith provides an update on the Overtime Exemptions Final Rule.

Continue Reading

Hey Warriors! Welcome to the first of my new Members Only Pop-up Webinars for 2017. I am planning to do these when news is breaking or when there is just a really great topic I need to address. Please comment and let me know if you like this format. They will be short and you […]

Continue Reading