“When an employer, as here, decides to allow employees to retain some portion of an unused health insurance credit, it can permissibly structure the program to prop up the employee health plans without treating the full amount of the health credit as part of the FLSA regular rate of pay.”
Continue Reading Ninth Circuit: Health Insurance Opt-Out Fees Not Part of Regular Rate for Overtime Purposes
Justin R. Barnes
DOL Proposed White-Collar Exemption Rule Sets Minimum Salary Over $55K
The U.S. Department of Labor (DOL) has issued its long-anticipated proposed rule to increase the minimum salary requirements for the “white collar” exemptions (executive, administrative, and professional) from minimum wage and overtime pay requirements under the Fair Labor Standards Act (FLSA).
Under the proposed rule, the salary level for the white-collar exemptions to apply will…
Arizona Federal Court Latest to Hold Judicial Approval of Individual FLSA Settlements Is Not Required
A federal district court in Arizona held this week that courts are not required – or even authorized – to grant judicial approval of settlement agreements resolving individual claims brought under the Fair Labor Standards Act (FLSA), joining a growing number of courts calling into question the notion that private FLSA settlements require review and…
An Employer May Not Artificially Reduce an Employee’s Regular Rate to Avoid Paying Overtime, Eleventh Circuit Reiterates
Reviving a security guard’s claim for overtime pay, the Eleventh Circuit Court of Appeals recently reiterated that employers may not pay employees an artificially low regular rate of pay to avoid paying the proper amount of overtime. Thompson v. Regions Sec. Servs., Inc., 67 F.4th 1301 (11th Cir. 2023). The Eleventh Circuit oversees the…
Department of Labor Sets August 2023 as Current Anticipated Release Date for Proposed Overtime Rule
According to the latest report from the U.S Department of Labor (DOL) regarding its regulatory agenda, released this week, the DOL has now set the publication of the new proposed Overtime Rule for August 2023. However, given the current status of the President’s nominees for both the Secretary of Labor and the Wage and Hour…
Dismissal Without Prejudice of Named Plaintiff’s FLSA Claims Does Not Toll Limitations Period for Such Claims, Eleventh Circuit Holds
A named plaintiff who files a collective action for overtime pay under the Fair Labor Standards Act (FLSA), and whose individual claims are dismissed without prejudice because the district court lacks jurisdiction over the plaintiff’s former employer, is not entitled to tolling of the statute of limitations of those claims. Therefore, when the plaintiff subsequently…
U.S. Department of Labor Further Delays Release of Independent Contractor Final Rule
In a June 9, 2023 filing with the U.S. Court of Appeals for the Fifth Circuit, the U.S. Department of Labor (DOL) stated that its Independent Contractor (IC) Final Rule, addressing the standard for determining whether a worker is an employee or “independent contractor” under the Fair Labor Standards Act (FLSA), will not be ready…
Labor Secretary Nominee Survives Committee Vote
By an 11-10 vote, Labor Secretary nominee Julie Su barely garnered the approval of the Senate Committee on Health, Education, Labor, and Pensions, but her chances of success before the full Senate remain unknown.
Recently, we reported that a number of Republican members of the Committee had questioned whether she was qualified for the position.
Biden’s Labor Secretary Nominee Faces Scrutiny, Reveals Position on Independent Contractor and Joint Employer Policies
Labor Secretary nominee Julie Su continues to face close scrutiny by Republican members of the Senate Committee on Health, Education, Labor, and Pensions, at least some of whom believe she is not qualified for the position. Notably, however, during the Committee hearing on her nomination, Su plainly stated that , in her view, the DOL…
President Biden to Nominate Julie Su as New Secretary of Labor
In the wake of the recently-announced and imminent departure of Secretary of Labor Marty Walsh for the National Hockey League Players Association, President Biden is expected to nominate Deputy Secretary of Labor Julie Su as Walsh’s successor to head the Department of Labor (DOL). Su has been in her current position since July 2021, and…