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DOL's Long-Awaited "FairPay" Overtime Regulations Will Soon Take Effect ( May 2004 )
In the September 2003 edition of the <em>Thompson Coe Labor & Employment News</em>, Elizabeth Marsh wrote of the pending changes to the "white collar" exemptions of the Fair Labor Standards Act's ("FLSA") overtime regulations. Since then, due to a heated political debate, the proposed changes have been further revised by the Department of Labor ("DOL"). These new "final" regulations have been dubbed the "FairPay" overtime regulations. -
Overtime Pay: The Insurance Industry Continues The Battle Over "White Collar" Exemptions ( June 2004 )
The insurance industry certainly has not been exempt from the skyrocketing number of Fair Labor Standards Act ("FLSA") cases being filed by employees around the country for unpaid overtime. The FLSA is the federal law governing, among other things, overtime issues, and recently undergoing what many believe to be some much-needed revisions. Recent court rulings addressing the exempt status of insurance agents and adjusters demonstrate the high stakes that can be involved in answering the question of whether or not an employee is exempt from the FLSA's overtime provisions. -
The Department of Labor's Revised White-Collar Regulations a New Focus in an Uncertain Arena ( June 2004 )
The U.S. House of Representatives twice this past May voted to table a non-binding resolution instructing House conferees to adopt an approach similar to the Senate's restrictions on the Department of Labor's white collar regulations. If the Republican leadership in the House maintains control of such procedures, Democratic attempts to restrict the regulations may never reach the White House for the President's signature or veto. -
Wage Act Claims ( May 2004 )
The Massachusetts Wage Act (the “Wage Act”) provides protections for employees by requiring the prompt payment of wages within six (6) days of being earned. G.L. c. 149 § 148. The purpose of the Wage Act is to limit the interval between the completion of an employee’s work and the payment of wages. American Mutual Liability Ins. Co. v. Commissioner of Labor and Industries, 340 Mass. 144, 145 (1959). -
Exempt Employees May Receive Overtime Pay ( March 2004 )
Margellius Anunobi worked as a salaried pharmacist for Eckerd and was classified as an exempt professional employee under the Fair Labor Standard Act's (FLSA) white collar exemption. Anunobi challenged his exempt status and sued Eckerd to recover unpaid overtime compensation. -
Out With The Old, In With The New: Sweeping Changes to Overtime Regulations On The Horizon ( September 2003 )
The Department of Labor has proposed new regulations to help employers in the struggle of properly classifying employees as "exempt" or "not exempt" from the overtime provisions of the Fair Labor Standards Act ("FLSA"). The proposed changes, published on March 31, 2003 and expected to go into effect in January 2004, represent the first significant changes to the overtime regulations since the FLSA was originally enacted in 1938. -
Proposed Overtime Rules Face Uncertain Future ( August 2003 )
On March 31, 2003, the Department of Labor proposed sweeping changes to the regulations that define which "white collar" workers are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act. There is little dispute about the need to update the regulations, which have been in force with only minor modifications since 1949. However, the future of the DOL's proposal is far from clear, as labor and employee groups lobby to kill what they call an attempt to cut wages and abolish the 40-hour workweek, and businesses seek relief from Byzantine regulations and an explosion of overtime-related litigation. -
Proposed Federal Regulations Affect How Employees Are Paid ( July 2003 )
The U.S. Department of Labor has proposed the most significant revisions to the regulations governing America's workforce since the passage of the Fair Labor Standards Act of 1938 ("FLSA"). -
Wage and Hour Laws to Get Long Over-Due Facelift ( June 2003 )
On March 31, 2003, the Department of Labor (DOL) published its proposed regulations that would modify the definitions of employees who are categorized as exempt from minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). There is a 90-day public comment period before the Department of Labor finalizes these regulations. -
Protecting Against Employee Wage Claims ( February 2003 )
Perhaps you read a recent article on the wage lawsuit against Rent-A-Center, such as the one printed in the business section of <i>The Oregonian</i> on January 18, 2003, or one of several similar articles that have appeared in the media in recent months.
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