On July 1, the U.S. Department of Labor increased the salary level nationwide to qualify for certain overtime exemptions to the Fair Labor Standards Act from $684/week ($35,568/year) to $844/week ($43,888). On January 1, 2025, it will increase again to $1,128 per week or $58,656 per year. Except in Texas. On […]
“Chevron” for non-lawyers
On Friday, the U.S. Supreme Court overruled its 40-year-old decision in Chevron v. Natural Resources Defense Council, which had lawyers buzzing and many others wondering what the big deal with Chevron is anyway. I’ll explain. What is Chevron? In Chevron, the Supreme Court had to decide whether the Clean Air Act […]
The Supreme Court will review how employers can establish overtime exemptions
On Monday, the Supreme Court agreed to review and establish the burden of proof that employers must satisfy to demonstrate the applicability of an overtime exemption under the Fair Labor Standards Act. Both the petitioning employer and the United States agree that employers must demonstrate that an FLSA exemption applies […]
Did this company retaliate or simply exercise its First Amendment right (to BLAST its employee on Facebook)?
“An employer’s free speech right to comment upon matters that affect the business is firmly established,” noted a Vermont federal judge earlier this month. “But when such commentary is a threat of retaliation … it is without the protection of the First Amendment.” That’s fancy speak for employers can’t use […]
Various employer associations have sued to block the DOL’s new overtime rule
Yesterday, several employer groups and associations filed a federal lawsuit in the same court that, in 2017, stymied the U.S. Department of Labor‘s efforts to change the overtime rules by raising the minimum salary level needed to be exempt from receiving overtime. As I’ll explain below, the 2024 plaintiffs have […]