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The U.S. Department of Labor Proposes New Overtime Eligibility Rule

Clifford Geiger
Clifford Geiger
09/08/2023
FLSA Exemptions, Legal Developments, Wage & Hour
Federal overtime pay provisions are part of the Fair Labor Standards Act (FLSA).  Unless exempt, employees covered by the FLSA must be paid at a time-and-a-half rate for time worked over 40 hours in a work week.  Under current law, workers who are salaried, earn at least $35,568 annually ($684 per week), and work in a bona fide executive, administrative, or professional capacity are exempt, meaning they are not entitled to overtime pay.  The...
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Third Circuit Rules Docking PTO Under Production Standard Does Not Run Afoul Of FLSA Exemption

Jordan Dunham
Jordan Dunham
03/20/2023
FLSA Exemptions, Wage & Hour
On March 15, 2023, the Third Circuit Court of Appeals issued its opinion of first impression in Higgins v. Bayada Home Health Care, Inc., Case No.: 21-3286, ___ F.4th ___ (Mar. 15, 2023), affirming the United States District Court for the Middle District of Pennsylvania decision granting summary judgment in favor of Bayada Home Health Care, Inc. (“Bayada”).  The issue in this case was whether Bayada’s practice of docking accrued paid time off...
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