DOL appeals overtime rule injunction

December 02, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The U.S. Department of Labor (DOL) announced on December 1 that it will appeal a court’s injunction temporarily halting its new overtime regulations.

A federal judge for the U.S. District Court for the Eastern District of Texas blocked the rules on November 22, calling the regulations “unlawful” and noting that the changes in the rules should be left to Congress.

read more…

‘Unlawful’ overtime rule temporarily blocked

November 23, 2016 - by: Kate McGovern Tornone 0 COMMENTS

A federal district court temporarily blocked the U.S. Department of Labor’s (DOL) new overtime rule on November 22, just days before it was scheduled to take effect. The judge who issued the order called the regulation “unlawful” and said such actions should be left to Congress.

At the request of 21 states, the U.S. District Court for the Eastern District of Texas granted an emergency injunction halting the regulation, which would have required employers to pay overtime to employees earning less than $913 per week ($47,476 annually) beginning December 1.

read more…

Texas federal court fast-tracks suit challenging DOL’s overtime rule

October 20, 2016 - by: Kate McGovern Tornone 0 COMMENTS

Update: A ruling on the November 16 injunction hearing is expected on November 22. We will provide coverage on the ruling once it is issued.

A federal district court has agreed to fast-track a lawsuit challenging the U.S. Department of Labor’s (DOL) new overtime regulation. The court has scheduled oral arguments for November 16, just two weeks ahead of the rule’s December 1 effective date.

The rule will more than double the salary threshold for employees. Employees earning less than $913 per week ($47,476 annually) will have to be classified as nonexempt from the Fair Labor Standards Act’s (FLSA) overtime requirements, regardless of whether they meet any of the duties tests.

read more…

States, business groups file suits to halt DOL’s overtime regs

September 21, 2016 - by: HR Hero Alerts 0 COMMENTS

by Kate McGovern Tornone

Twenty-one states and several employer interest groups filed lawsuits against the U.S. Department of Labor (DOL) on September 20 alleging the agency’s new overtime regulations exceed its authority. The suits, however, are not expected to have any success in the near future, and employers would be well served to be in compliance by the December 1, 2016, deadline, according to one expert.

Background

read more…

Employers need to be ready for new overtime rule by December 1

May 18, 2016 - by: Tammy Binford 2 COMMENTS

The flurry of speculation is finally over. The White House and the U.S. Department of Labor (DOL) have released the new final rule governing which workers must be paid overtime. The changes aren’t quite as drastic as what employers were preparing for based on the contents of the proposed rule made public last summer, but the final rule more than doubles the amount workers must earn to qualify as exempt from the law’s overtime pay requirement.  3D Man Overtime Clock

The changes mean some 4.2 million more employees across the country, according to White House estimates, will be eligible to earn overtime pay when the new final rule takes effect on December 1.

read more…

DOL poised to release new overtime final rule

May 17, 2016 - by: Tammy Binford 0 COMMENTS

The long-awaited final rule making millions more employees eligible to earn overtime pay is likely to be released on May 18, and if its contents match recent reports, employers and employees alike are in for big changes.

The Politico news organization reports that Vice President Joe Biden, Labor Secretary Tom Perez, and Ohio Senator Sherrod Brown will announce the rule at an event in Columbus, Ohio, on May 18. The report says the rule places the minimum salary for an employee to maintain exempt status at $47,500, up from the current rule’s floor of $455 a week ($23,660 a year).

read more…

As new overtime rule nears, questions surface about salary threshold

May 03, 2016 - by: Tammy Binford 3 COMMENTS

by Tammy Binford

As time winds down for the U.S. Department of Labor (DOL) to release its final rule changing who is eligible to collect overtime pay, reports are surfacing that the salary threshold may be somewhat lower than the figure originally proposed but still considerably higher than the level in the current rule.  OvertimeCalcultions

The DOL released a proposed rule in June 2015 that more than doubled the salary requirement for workers to be exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. Under the current regulations, employees are exempt from the FLSA if they are paid a predetermined fixed salary of at least $455 a week ($23,660 a year) and if they perform certain executive, administrative, professional, computer, or outside sales duties.

read more…

Supreme Court ruling eases the way for certain class actions

March 22, 2016 - by: Tammy Binford 0 COMMENTS

The U.S. Supreme Court ruled March 22 that the use of statistical evidence to create a class action lawsuit against Tyson Foods was proper, an action that may make it easier for employees in certain situations to band together to sue their employers rather than suing as individuals.

The Court ruled 6-2 in Tyson Foods v. Bouaphakeo that the lower court was correct in allowing employees to use a study performed by an industrial relations expert to establish a class of workers at a Tyson pork processing plant in Storm Lake, Iowa.

read more…

New FLSA overtime rule a step closer to reality

March 16, 2016 - by: Tammy Binford 0 COMMENTS

The U.S. Department of Labor’s (DOL) proposed rule greatly expanding the number of workers eligible for overtime pay has been submitted to the Office of Management and Budget (OMB) for review, a necessary step before the rule can be finalized.

The new rule is expected to make nearly five million workers lose their exempt status under the Fair Labor Standards Act (FLSA), according to the DOL, meaning they would be eligible for overtime pay at no less than 1½ times their normal rate of pay for all hours worked over 40 in a workweek.

read more…

New joint-employer guidance puts employers ‘on notice’

January 25, 2016 - by: Tammy Binford 0 COMMENTS

The U.S. Department of Labor’s (DOL) new guidance on joint employment means employers must think ahead when they find themselves in relationships that may fit the definition of “joint employment.”  DOL_logo

In a January 20 post on his blog, David Weil, administrator of the DOL’s Wage and Hour Division (WHD), announced new guidance related to joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act. Weil said the laws share the same definition of “employment,” which was written “to have as broad an application as possible.”

read more…

 Page 2 of 4 « 1  2  3  4 »