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Overtime

Supreme Court Rules Auto Service Advisers Are Exempt From Overtime
April 2, 2018
On April 2, 2018, the U.S. Supreme Court ruled that auto service advisers (also commonly referred to as “service writers”) are exempt from overtime under the Fair Labor Standards Act (“FLSA”).
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California Supreme Court Adopts Employee-Friendly Test For Calculating Overtime On Flat-Sum Bonuses
March 13, 2018
The California Supreme Court has adopted an employee-friendly test for calculating the
overtime due on a non-discretionary, flat-sum bonus.
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Overtime Averaging: No Notice, No Harm, No Foul
November 9, 2017
In a recent decision, the Divisional Court refused to grant damages to a terminated employee for an employer’s failure comply with legislative requirements regarding overtime averaging.
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DOL Appeals Overtime Rule Decision
November 1, 2017
The U.S. Department of Labor filed notice with the Fifth Circuit Court of Appeals Monday, October 30th, appealing the decision that blocked implementation of the overtime rule that would have more-than-doubled the salary threshold for exempt employees.
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DOL Overtime Rule Struck Down
August 31, 2017
A Texas federal court has struck down the Obama-era Department of Labor (DOL) revised overtime exemption rule, which sought to more than double the salary level required for overtime-exempt workers.
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Good News On The DOL's Overtime Rules - We Go Back To The Drawing Board!
August 29, 2017
The overtime rule published in 2016 by the Department of Labor ("DOL") that significantly increased the minimum salary necessary to qualify for the white-collar and highly compensated overtime exemptions will be changed under the DOL's new leadership. 
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Arbitration Award Consistent with the One Day Rest in Seven Act
August 15, 2017
In Mondelez Global LLC v. International Association of Machinists and Aerospace Workers District No. 8, an employer prohibited its unionized employees from working seven consecutive days without a 24-hour rest period.
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US DOL Seeks Input on Overtime Rule
August 11, 2017
President Trump’s administration has finally taken some action on the Obama-era Department of Labor Overtime Rule.  Since inauguration day, employers nationwide have wondered what would become of the controversial overtime rule.
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Changes to Overtime Rule Appear Inevitable
July 31, 2017
Last week, the U.S. Department of Labor (DOL) published an official request for information (RFI), seeking input on alternatives to the 2016 overtime rule proposed by the former administration.
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Overtime Rule Salary Threshold is Dead But Issue is Not
July 6, 2017
Last year, the Department of Labor (DOL) under the Obama administration promulgated a rule that increased the salary threshold a worker must make to qualify as exempt from overtime from $455/week to $913/week ($47,476 per year). Businesses and states successfully challenged the rule as exceeding DOL’s authority and a Texas court blocked the rule just days before the new rule was to go into effect.
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Will Private Employees Have the Option of Comp Time?
June 30, 2017
In 1938, the Fair Labor Standards Act (“FLSA”) implemented basic wage and hour protections in the form of a 40-hour standard workweek and employee entitlement to one-and-a-half times their regular rate for hours worked beyond that.  What the FLSA does not touch, however, is a subject that both employers and employees care about almost as much as compensation: paid time off.
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Update On DOL Overtime Rule
May 16, 2017
Remember the new overtime rule adopted by the Department of Labor (DOL) that significantly raised the minimum salary requirement necessary to exempt from overtime many white-collar employees (specifically executive, administrative, professional, outside sales, and computer employees)?
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