The white collar exemptions to overtime pay — the Administrative, Professional, and Executive Exemptions — require among other things that the relevant worker be paid a fix minimum per week. Currently that salary must be at least $23,660 per year (we discussed this issue in more detail here). When that regulation was originally passed, $23,000 went a lot […]
Supreme Court Backs the Department of Labor: Interpretations by the DOL are Not Subject to A Notice and Comment Process
In March 2010 the DOL of Labor issued the Administrator’s Interpretation No. 2010-1 (the “Interpretation”), which provided an interpretation that employees who perform the “typical” duties of a mortgage loan officer employee do not satisfy the duties requirements of the FLSA’s administrative exemption. In so doing, the 2010 interpretation withdrew a 2006 opinion letter that reached […]
Illinois Employers to Offer Voluntary Retirement Plan in 2017
Among the many changes to laws impacting Illinois Employers, one of the most novel changes in Illinois is the “Secure Choice” Law that goes into effect on June 1, 2017. In a time when people are concerned that Social Security won’t be there when they retire, and the State of Illinois declares its budget is in crisis […]
Are You Owed Overtime For Working Through Your Meal Break?
Under the Fair Labor Standards Act or FLSA, as well as various state wage laws, an employer must pay for time worked, even if it is done during your lunch break. Just because you eat does not mean that you are taking a lunch break. The real question is whether you are doing work for […]
New FLSA Claim against Apple Seeks Unpaid Wages for Time Spent Going Through Security Check
A new Fair Labor Standards Act case alleges that Apple employees are owed overtime for time spent waiting in line at security check points to leave the premises. The lawsuit alleges that Apple has a uniform policy which requires all employees to be subject to a “personal package and bag search.” Failure to abide to the policy […]
FLSA Overtime Exemption is Changing for Domestic Service Workers
Effective January 1, 2015, the Fair Labor Standards Act’s overtime exemption for Domestic Service Workers is changing. The Department of Labor has issued a fact sheet which highlights the changes. Once these new changes go into effect, many Domestic Service Workers who were not previously entitled to be paid overtime will be eligible for overtime at a rate of […]