Last week, the Supreme Court clarified employers can show how certain employees don’t need to be paid overtime or minimum wage under the Fair Labor Standards Act (FLSA)
Spoiler alert: it’s not as tough as some courts thought. Continue reading
Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others.
On paper, it didn’t sound good for the defendants. Continue reading
Wikipedia says that déjà vu is the phenomenon of feeling as though one has lived through the present situation before. Last Friday, a Texas federal judge vacated a U.S. Department of Labor 2024 Rule that raised the minimum salary level to be exempt from the Fair Labor Standards Act overtime rules on July 1, 2024 (and would have done so again on January 1, 2025).
If this sounds familiar, it should. In 2016, a Texas federal judge did the same thing. Continue reading
Emphasizing that the Department of Labor has used a minimum salary requirement to help decide who is overtime-eligible, the Fifth Circuit Court of Appeals recently determined that the Fair Labor Standards Act authorizes this benchmark. Continue reading
Yesterday, the Department of Labor announced that a Pennsylvania federal court awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers across fifteen facilities in what it claims to be “one of nation’s largest FLSA judgments.” Continue reading
On July 1, the U.S. Department of Labor increased the salary level nationwide to qualify for certain overtime exemptions to the Fair Labor Standards Act from $684/week ($35,568/year) to $844/week ($43,888). On January 1, 2025, it will increase again to $1,128 per week or $58,656 per year.
Except for the State of Texas, as an employer. Continue reading
On Monday, the Supreme Court agreed to review and establish the burden of proof that employers must satisfy to demonstrate the applicability of an overtime exemption under the Fair Labor Standards Act. Continue reading
“An employer’s free speech right to comment upon matters that affect the business is firmly established,” noted a Vermont federal judge earlier this month. “But when such commentary is a threat of retaliation … it is without the protection of the First Amendment.”
That’s fancy speak for employers can’t use social media to retaliate against employees, current or former. Continue reading
Yesterday, several employer groups and associations filed a federal lawsuit in the same court that, in 2017, stymied the U.S. Department of Labor‘s efforts to change the overtime rules by raising the minimum salary level needed to be exempt from receiving overtime. As I’ll explain below, the 2024 plaintiffs have also raised the same arguments that worked seven years ago.
It’s déjà vu all over again. Continue reading
You still have time to register (here) for The Employer Handbook Zoom Office Happy Hour, which returns today at Noon ET. My Pierson Ferdinand employment law partners, Ben Jacobs and Amy Epstein Gluck, will join me to discuss the FTC’s plan to ban most employee noncompetes and explore the Department of Labor’s proposed increase to the salary level for overtime exemptions.
See you soon!
The Employer Handbook Blog