Two recent USDOL opinion letters examine the contours of the FLSA's “outside salesman” exemption, providing helpful information to employers regarding an exemption that may appear simple and straightforward at first glance.
Second Circuit rejected plaintiffs’ attempt to let a few anomalous weeks tarnish the proper use of the FLSA's fluctuating workweek, and, in doing so, handed employers a useful defense tool in these and similar cases.
USDOL’s final rule recognizes that employees paid under the FLSA’s fluctuating workweek method can receive commissions, weekend pay, etc. – with some caveats.
USDOL's Wage and Hour Division has clarified an aspect of the FLSA's 7(i) exemption and simultaneously reminded all that the principles, not lists and examples, control.
Employers that utilize the “tip credit” under the federal Fair Labor Standards Act, or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today.
As the summer comes to a close, USDOL’s continued momentum ensures a busy fall for employers. While we await the details, one thing is clear – employers should take these three steps right now.
USDOL has maintained a very busy agenda for the end of 2018 and the beginning of 2019, but recent action plans released by the President show that we may be in for additional, significant regulatory changes in the future.
Fisher Phillips continues to urge USDOL to publish a valid "Overtime Rule" that is practical to apply.
The USDOL has proposed to update its guidance regarding how the "regular rate" is calculated for purposes of overtime pay.
USDOL's proposed white-collar exemption changes a/k/a Overtime Rule 2.0 includes a proposed minimum salary threshold of $679 per week. The period for public comment will close on May 21, 2019.