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FLSA Exemptions

FLSA Regulations are Here…with Four Surprises!

After years of speculation, the day is finally here: the Department of Labor will finally publish its revisions to the Fair Labor Standards Act’s (FLSA) white collar exemptions tomorrow in the Federal Register (or at least announce then, with publication ...

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FLSA Endangered Species: The Part-Time Exempt Employee

With the Department of Labor planning to release new Fair Labor Standards Act (FLSA) regulations in 2016, one question that I get frequently is what will happen to part-time exempt employees–professionals (nurses, accountants, etc.), managers, or other administrative personnel who ...

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FLSA FAQ: The “Starter” Minimum Wage Already Exists, But Isn’t Very Useful

Two topics that we have heard quite a bit about during all of the GOP debates so far are immigration and the minimum wage–two of my favorites.  We’ll leave the immigration debate aside for now, but I want to highlight ...

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What the DOL’s Possible Delay of New Overtime Rules Means for Employers

Undoubtedly the hottest topic in Fair Labor Standards Act and wage and hour law has been the Department of Labor’s (DOL) effort to revise the FLSA’s “white collar” or EAP regulations governing executive, administrative, and professional employees who are exempt ...

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Kaplan law school test prep case tests bounds of FLSA Outside Sales exemption

Lawyer readers of the blog will remember BarBRI, Kaplan, and other bar prep providers hawking prep classes, flash cards, practice tests, and more to help law students get through exams and the bar. You also probably remember who their salespeople ...

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The FLSA and the Primary Duty: Classifying Employees Working Both Exempt and Non-Exempt Jobs

Stores are already putting up Thanksgiving and even Christmas displays (at my local Sam’s Club!), and Urban Outfitters is getting ready.  Gawker published an e-mail this past week asking its full time employees at URBN, Urban Outfitters’ Philadelphia-based parent company, to “volunteer” ...

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Regulation Recap: The DOL’s Proposed FLSA Regulations, and What’s Next

With the comment period now officially closed, I wanted to summarize the Department of Labor’s Wage & Hour Division’s (WHD) proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, the regulations governing the “white collar” exemption for executive, ...

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DOL Declines to Extend Comment Period on Proposed FLSA Overtime Regulations

In a letter to Congress this week, Department of Labor Wage and Hour Division Administrator David Weil reported that the DOL would not extend the 60-day public comment period for providing feedback regarding the Department’s proposed rule, indicating that “a comment period ...

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