I blogged last week about the back and forth on the new USDOL proposed salary threshold for exempt status, at approximately $35,000 per year.  Well, the Democrats have now spoken on the issue and they propose raising the threshold to approximately $51,000 per year.  Another great divide.

The proposed law is entitled the Restoring Overtime

Now that the USDOL has established $35,000 per year as the new threshold for exempt status, several groups have already taken shots at that new salary level. The deadline for comments has ended and we will see what happens. However, worker advocate groups have assailed the rule and urged the agency to revert back to

There has not been much litigation over the HCE, the so-called Highly Compensated Employee exemption under the FLSA. Recently, an interesting case explored the issue of whether commission payments can form the entirety of the required salary. In Pierce v. Wyndham Vacation Resorts, Inc., a federal court interpreted this exemption to determine this issue. The

The attorneys for the USDOL advised the federal Fifth Circuit Court of Appeals that the agency does intend to revise the currently pending changes to the overtime regulations.  The lawyers also requested that the Court approve of the agency’s right to use salary levels to determine exemption status.  The case is entitled Nevada et al

The DOL filed an appeal of the lower court’s granting an injunction staying the implementation of the new overtime regulations.  Now, as expected, frankly, the agency has requested that the Fifth Circuit expedite these proceedings.  The agency claims that the delay has denied giving additional pay (i.e. overtime) to millions of workers.

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The 60-day comment period closed on September 4, 2015 for the USDOL’s proposed (and for employers, controversial) overtime changes.  There were an amazing 250,000 comments submitted and this highlights the chasm between the commenters and the fear felt by employers who dread that their businesses will be hurt (or buried) by the proposed changes.  Other

At the end of the movie “Nashville,” a country singer wails a ballad called “It Don’t Worry Me.” I submit the same could be said for the possible changes to white collar exemption regulations.

In recent days, the wage hour blogs have been buzzing about the proposed changes to the FLSA white collar exemption tests.