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Posts in FLSA / Wage and Hour Compliance.
By Katherine Fechte on April 4, 2018 at 9:50 AM

Person receiving car keys from a car salesmanOn April 2, 2018, the U.S. Supreme Court, in a close 5-4 decision, held that car dealership service advisors are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). In reaching this conclusion, the court rejected the long-held belief that FLSA exemptions should be applied narrowly.

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"2017" and "2018" written on metal wheelsThe federal employment law landscape saw some interesting developments in 2017, as well as some anticipated changes that were ultimately halted or delayed. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2018.

For Missouri and Illinois employers specifically, a review of 2017 updates and a look forward at 2018 can be found here.

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By Lauren Harris on January 26, 2018 at 1:38 PM

Female intern carrying coffees in a hallwayThe U.S. Department of Labor (DOL) this month issued its revised Fact Sheet #71 on “Internship Programs Under the Fair Labor Standards Act” outlining that the agency will rely on the court-approved “primary beneficiary test” to determine whether an intern should be considered an employee under the Fair Labor Standards Act (FLSA). 

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By Katherine Fechte, Camille Toney on January 12, 2018 at 3:50 PM

Stack of envelopesOn January 5, 2018, the Department of Labor (DOL) Wage and Hour Division reissued 17 opinion letters to shed light on the DOL’s stance on numerous issues under the Fair Labor Standards Act (FLSA). Under the administration of President George W. Bush, the DOL issued 36 opinion letters, many of which were recalled under President Barack Obama in early 2009. A year later in 2010, the Wage and Hour Division announced it would no longer issue opinion letters in response to employer and business questions about wage and hour issues under the FLSA.

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By Katherine Fechte on December 11, 2017 at 4:25 PM

Elevated view of a restaurant bill and money, showing a tip. The Wage and Hour Division of the Department of Labor (DOL) recently proposed a rule affecting tip regulations under the Fair Labor Standards Act. Under the rule proposed Dec. 4, 2017, establishments can implement tip pools, or require servers and workers who earn tips to share with those, such as line cooks and dishwashers, who do not.

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By Katherine Fechte on August 8, 2017 at 2:15 PM

Blue binder with the word "overtime" on the side, on top of a deskThe U.S. Department of Labor (DOL) published a request for information (RFI) in late July seeking comments, data, ideas and information on an appropriate salary level for exempt employees under the Fair Labor Standards Act (FLSA).

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By Audrie Howard, Camille Toney, Lauren Harris on January 26, 2017 at 3:57 PM

Shoes moving from 2016 to 2017 with pictures of Illinois and MissouriThe Missouri and Illinois legislatures were quite active in 2016 in creating laws affecting employers, and they have been just as busy in the first few weeks of 2017. Below is a summary of employment law developments that may affect your business in those states in the coming year. 

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Business shoes moving from 2016 to 20172016 was a busy year for employment law developments on a national level, and 2017 promises to follow suit. To help employers navigate the changes, here is a summary of major developments that may affect your business this year.

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By Audrie Howard on November 17, 2016 at 3:48 PM

time and clocksAs employers are all aware, the U.S. Department of Labor (DOL)’s new overtime rules are set to take effect Dec. 1, 2016. The rule, projected to cover some 4.2 million workers, will raise the minimum salary threshold for overtime exemption 101 percent from its current rate of $455 per week to $913 per week.

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By Katherine Fechte on September 22, 2016 at 9:30 AM

States involved in DOL lawsuitTwenty-one states have filed suit against the federal government seeking a preliminary and permanent injunction to block the Department of Labor’s new overtime rule and declare it unlawful.

In the 30-page complaint filed Sept. 20, 2016, the states allege that the Obama administration is trying to impose heavy costs and its own policy initiatives, in violation of the 10th Amendment to the Constitution. On March 13, 2014, President Barack Obama ordered the DOL to revise the Fair Labor Standards Act’s overtime exemption to account for the federal minimum wage. The DOL complied and released its final rule on May 18, 2016. 

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