Horton Law Firm Blog Category: FLSA

SCOTUS May Change Standard of Proof for FLSA Misclassification Claims

by Jeremy R. Summerlin | Jun 20, 2024 | FLSA

For FLSA misclassification claims, a key issue is the burden of proof. When companies hire new employees, the company will determine whether the employee is entitled to overtime pay for all hours worked over 40 in a workweek (this is called “non-exempt”)... read more

Business Groups Sue to Block the New Overtime Rule Increase

by Jeremy R. Summerlin | May 23, 2024 | FLSA

As I wrote a few weeks ago, the U.S. Department of Labor has issued a new rule that would increase the salary threshold for an overtime exemption up to $58,656, or $1,128 a week. I noted in that blog post that I expected business groups to oppose the new regulation by... read more

U.S. DOL Raised the Salary Threshold for Overtime Pay

by Jeremy R. Summerlin | Apr 30, 2024 | FLSA

Pursuant to a new rule issued by the U.S. Department of Labor last week, the DOL has raised the salary threshold for overtime pay. (I wrote about the proposed rule back in September 2023, which you can read about here.) Effective July 1, 2024, an employee must be paid... read more

Panera Exempt from CA’s $20/hour Hourly Minimum Wage

by Jeremy R. Summerlin | Mar 7, 2024 | FLSA

While federal law sets the minimum wage for covered employees in the U.S., states are free to set a higher a minimum wage for their own citizens. South Carolina, for its part, doesn’t have a separate hourly minimum wage, which means that the federal minimum wage... read more

Wage Theft for SC Employees: The Professional Exemption under the FLSA

by Jeremy R. Summerlin | Jan 8, 2024 | FLSA

Let’s talk about the professional exemption under the FLSA! After all, what better way to start 2024 than to delve into the nitty gritty of regulations under the Fair Labor Standards Act? Quick Refresher on Exemptions under the FLSA So, one common example of... read more

New Proposed Federal Law on Wage Theft

by Jeremy R. Summerlin | Oct 18, 2023 | FLSA, Overtime, Unpaid wages

In September 2023, several members of Congress introduced a new proposed bill regarding wage theft. Called The Wage Theft Prevention and Wage Recovery Act, this new law, if passed, would provide additional protection to employees, including those in South Carolina,... read more

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