In a much anticipated filing with the Fifth Circuit Court of Appeal in State of Nevada, et a. v. United States Department of Labor, et al, the United States Department of Labor has made clear that it is not defending the Obama Administration’s overtime rule that would more than double the threshold for employees to qualify for most overtime exemptions. However, the Department has taken up the appeal filed by the previous Administration to reverse the preliminary injunction issued blocking implementation of the rule, requesting that the Court overturn as erroneous the Eastern ...
The Third Circuit Court of Appeals recently joined the chorus of Circuits adopting the pro-employer “predominant benefit test” when weighing the compensability of meal periods under the Fair Labor Standards Act (“FLSA”). As a result, the Ninth Circuit is the lone Circuit to apply a different standard, opting to follow the U.S. Department of Labor regulations providing that an “employee must be completely relieved from duty” in order for a meal period to be deemed bona fide and thus not compensable.
In Babcock v. Butler County, a putative class action lawsuit, employees ...
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Recent Updates
- Employees Not in the Transportation Industry Can Be Exempted From Arbitration Under the FAA
- U.S. Department of Labor Issues Final Overtime Rule Raising Salary Thresholds
- Time Is Money: A Quick Wage-Hour Tip on New York Meal and Rest Periods
- D.C. Expands Coverage of Minimum Wage Law
- Epstein Becker Green’s Free Wage-Hour App Includes Updates on New 2024 Laws