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The Supreme Court Signals That Overtime Exemptions Will Be Interpreted Fairly (not Stringently), Marking a Shift in Favor of Employers
  • Wick Phillips
  • USA
  • May 1 2018

Last month, the Supreme Court ruled in favor of treating automobile service advisors as exempt from overtime and, in so doing, appears to have made


U.S. Supreme Court Announces New Standard for Interpreting FLSA Exemptions
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 11 2018

Rejecting a ruling by the United States Court of Appeals for the Ninth Circuit and nearly fifty years of prior court decisions, on April 2, 2018 the


Encino Motorcars, LLC v. Navarro: SCOTUS Puts The Brakes On Faulty FLSA Construction Language
  • Seyfarth Shaw LLP
  • USA
  • April 2 2018

Today, in a 5-4 opinion (Justice Thomas writing for the majority) the Supreme Court reversed the Ninth Circuit in Navarro et al. V. Encino Motorcars


“I’m Just an Intern!” DOL Changes Course and Adopts Primary Beneficiary Standard for Intern Compensation Cases
  • Bradley Arant Boult Cummings LLP
  • USA
  • January 9 2018

Determining when an unpaid intern is really an employee has been a moving target for the last several years. However, on January 5, 2018, the


In the Latest Episode of The Overtime Rule Soap Opera: DOL Tells Fifth Circuit It Will Revise Obama-Era Overtime Rule - But Not Just Yet
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 12 2017

Last week, lawyers for the federal government told an appeals court that the Department of Labor plans to revise the currently-blocked overtime rule


Employer’s Attorney May Be Liable For Retaliation Under FLSA
  • Proskauer Rose LLP
  • USA
  • July 10 2017

José Arnulfo Arias worked as a milker for Angelo Dairy. The dairy did not complete and file a Form I-9 when it hired Arias. According to the appellate


SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands
  • Proskauer Rose LLP
  • USA
  • May 17 2017

The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to be


Overtime Rule Remains in Limbo as Fifth Circuit Grants the DOL’s Request for Another Extension
  • Epstein Becker Green
  • USA
  • April 26 2017

As many will recall, the Department of Labor’s (“DOL”) overtime rule, increasing the salary threshold for overtime exemptions at the behest of the


Making Employees Watch the Clock Can be Good for Employers
  • Foley & Lardner LLP
  • USA
  • April 17 2017

A few months ago, we reminded our readers about the need to maintain accurate time records for non-exempt employees.This consideration is especially


Upset about FLSA Retaliation? There's a Remedy for That.
  • Vedder Price PC
  • USA
  • March 7 2017

As if employers were not already sufficiently concerned about potential back pay exposure posed by wage and hour lawsuits, a relatively recent