The Action is Still On for DOL’s Overtime Rule: What Employers Need to Know in 2017 and Beyond
Earlier this year, the U.S. Department of Labor (DOL) asked for a 30-day extension of time to file a brief in the court proceeding that could determine the fate of the injunction that is delaying the implementation of the Overtime Rule. The Fifth Circuit granted the request to file a final reply brief in the pending appeal of a nationwide injunction issued by Judge Amos L. Mazzant III in 2016 which blocked the controversial rule that would have raised the required salary level for the white-collar exemptions. Opening briefs and corresponding responses were due by March 2, 2017, until the government requested for another extension until May 1 to submit their response. However, the Justice Department, on behalf of the DOL, then requested in April for another extension until June 30 so that the new administration could secure first a new labor secretary before deciding the final fate of the new overtime rule.
On June 7, 2017, a group of New Jersey-based Chipotle employees filed a putative class and collective action alleging FLSA and state law violations. The employees have argued that because Judge Mazzant never entered a permanent injunction, the Obama-era salary regulations automatically became effective under the Administrative Procedures Act. In other words, the new salary regulations took effect for all employees not party to the earlier case on December 1, 2016. The new federal overtime rule therefore remains in limbo, and its future is uncertain.
The Trump administration has also begun early efforts to amend the FLSA and reduce the scope of DOL interpretive guidance. In May 2017, the United States House of Representatives passed a bill that would allow workers to accrue paid time off in lieu of time-and-a-half payments made under the FLSA. The DOL has also rescinded recent interpretive letters on employee misclassification and joint employer guidance. So, what’s next? One thing is for sure, all employers should be kept abreast with all the significant changes and developments to ensure compliance with the DOL’s final rule and should give thought to new legislation and DOL guidance which could come at any time. Listen as an authoritative panel of key thought leaders and employment law professionals organized by The Knowledge Group provide insights on how employers should respond to the Court’s ruling and how to minimize potential legal risks and avoid common pitfalls.
Some of the major topics that will be covered in this course are:
- The Final Rule – Overview
- Key Features of the Rule
- Changes to FLSA Overtime Regulations
- Implications to Employers
- Different Exemption Classifications
- Options for Compliance with New Regulations
- Employee and Overtime Exemptions
- Wage and Overtime Calculations
- FLSA’s Compensable Time Requirements for Non–Exempt Employees
- Updates on DOL Enforcement Actions
- Up-to-the-minute Trends and Developments
Jonathan M. Young, Attorney
Greenberg Traurig, LLP
- Status of Changes to FLSA Salary and Salary Basis Tests for Overtime Exemption
- Status of House Bill to Give Workers Paid Time Off Instead of Time-And-A-Half Pay
- DOL’s withdrawal of Obama-era guidance regarding employee/independent contractor classification and joint employer classification
Catherine E. Walters, Partner
Saul Ewing LLP
- Background/chronology of Changes to FLSA Salary Tests for Overtime Exemption
- What Happens Next? (DOL Seeks Public Input; DOL proceeds with Injunction (depends on what happens by/before tomorrow relevant to DOL injunction proceeding – we may be looking at death of injunction or maintaining it while DOL seeks public input))
- DOL’s Decision to reinstate Opinion Letters
- What Should Employers be Doing Now?
- Discussion of Multitude of State and Municipal Minimum Wage Increases
- And What About the Living Wage Movement?
- Forecast for what the future holds for Wage and Hour Division and Wage/Hour matters in general
Who Should Attend:
- Employment and Labor Law Attorneys
- Labor Counsel
- HR and Benefits Personnel
- Payroll Managers
- In-House Counsel
- Top Level Management
- Other Related/Interested Professionals
Catherine E. Walters, a partner in Saul Ewing's Labor and Employment Practice, provides management-side representation for large, mid-sized and small employers, including federal and state contractors. Catherine partners with her clients to identify current and emerging trends and risks and to develop creative, practical, business-oriented solutions. Her practice encompasses both employment counseling and traditional labor law. Facets of her employment practice include all areas of federal and state compliance, risk mitigation and resolution of administrative agency audits and claims; employment discrimination prevention and defense; affirmative action compliance, planning, implementation and related matters; wage and hour compliance including DOL audits and litigation; OSHA compliance and related issues; business restructurings; reduction in force planning and implementation; employment, separation, noncompetition and other restrictive agreements; development and implementation of employer “Best Practices.” Facets of her labor practice include all aspects of management labor relations in both the private and public sectors, including development of labor strategy, collective bargaining negotiations, arbitrations, unfair labor practices, potential union actions and other union activities.
Catherine E. Walters, a partner in Saul Ewing's Labor and Employment Practice, provides management-side representation for large, mid-sized and small …
Jonathan M. Young focuses his practice on labor and employment matters, including the FLSA and related state wage and hour laws, single-plaintiff, collective action, and class action litigation, independent contractor/employee classification, restrictive covenants, discrimination, harassment, retaliation, and/or constructive discharge actions, and Department of Labor investigations. Mr. Young also regularly conducts employment counseling to include employment agreements, handbooks/personnel policies, independent contractor/employee classification analysis, internal investigations, and separation agreements and releases.
Mr. Young obtained his J.D. from the University of Virginia School of Law, and his B.A. from The Catholic University of America. Prior to attending law school, he was a United States Air Force Captain.
Jonathan M. Young focuses his practice on labor and employment matters, including the FLSA and related state wage and hour …
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Method of Presentation:
Experience in employment law
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NY Category of CLE Credit:
Areas of Professional Practice
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About Saul Ewing LLP
Saul Ewing LLP is a full service law firm headquartered in Philadelphia, PA providing regional, national and international representation. With locations in six states, Saul Ewing spans the East Coast with offices in Boston, MA; New York, NY; Newark and Princeton, NJ; Harrisburg, Pittsburgh, Chesterbrook and Philadelphia, PA; Wilmington, DE; Baltimore, MD; and Washington, D.C.
About Greenberg Traurig, LLP
Greenberg Traurig, LLP (GTLaw) has more than 2,000 attorneys in 38 offices in the United States, Latin America, Europe, Asia and the Middle East and is celebrating its 50th anniversary. One firm worldwide, GTLaw has been recognized for its philanthropic giving, was named the second largest firm in the U.S. by Law360 in 2016, and among the Top 20 on the 2016 Am Law Global 100. Web: www.gtlaw.com Twitter: @GT_Law.