Missouri Labor and Employment Lawyer
Missouri Labor and Employment Attorney Attorney Profiles Attorney Referrals Resources Contact our Law Firm
Labor and Employment Law Practice Areas
Wage and Hour Law
Employment Law
Labor Law
Administrative Law & Licensing
Business Litigation & Consulting
Contract Law
Construction Law
Contact Us
2726 S. Brentwood Blvd. St. Louis MO 63144

Blog Posts in 2020

The U.S. Department of Labor Clarifies Application of the Retail or Service Commission Sales Exemption under the FLSA

On June 25, 2020, the U.S. Department of Labor (“DOL”) issued a new opinion letter regarding the retail or service commission sales exemption from the Fair Labor Standards Act ...
Continue reading "The U.S. Department of Labor Clarifies Application of the Retail or Service Commission Sales Exemption under the FLSA" »

The United States Department of Labor Issues New Opinion Letter on Third Party Payments to Employees

On June 25, 2020, the U.S. Department of Labor (“DOL”) issued a new opinion letter regarding compensation of employees by third parties. The opinion letter was written in response to a ...
Continue reading "The United States Department of Labor Issues New Opinion Letter on Third Party Payments to Employees" »

United States Department of Labor Suspends Imposition of Liquidated Damages in its FLSA Investigations During Pandemic

On June 24, 2020, the United States Department of Labor issued a memorandum announcing a policy change among its Wage and Hour Division staff to suspend seeking liquidated damages in settlements of ...
Continue reading "United States Department of Labor Suspends Imposition of Liquidated Damages in its FLSA Investigations During Pandemic" »

The U.S. Department of Labor Issues New Opinion Letter on the Outside Sales Exemption

On June 25, 2020, the U.S. Department of Labor (“DOL”) issued five new opinion letters on issues ranging from the outside sales exemption under the Fair Labor Standards Act ...
Continue reading "The U.S. Department of Labor Issues New Opinion Letter on the Outside Sales Exemption" »

Eighth Circuit Reverses Trial Court on Issue of LGBTQ Protection under Title VII Following the Supreme Court's Decision in Bostock

On July 6, 2020, in Horton v. Midwest Geriatric Management, LLC, the Eighth Circuit Court of Appeals reversed the trial court’s dismissal of a sex discrimination lawsuit under Title VII based on ...
Continue reading "Eighth Circuit Reverses Trial Court on Issue of LGBTQ Protection under Title VII Following the Supreme Court's Decision in Bostock" »

United States Supreme Court Holds Title VII Applies To Homosexual And Transgender Employees

The United States Supreme Court recently issued a landmark anti-discrimination decision in Bostock v. Clayton County, 590 U.S. ___ (2020). The decision addresses three different cases that were ...
Continue reading "United States Supreme Court Holds Title VII Applies To Homosexual And Transgender Employees" »

United States District Court for the Eastern District of Missouri Dismisses Claim Brought Pursuant to the Public Policy Exception to the At-Will Employment Doctrine

In Abts v. Mercy Health, the United States District Court for the Eastern District of Missouri dismissed the plaintiff’s common law claim for wrongful termination in violation of public policy. ...
Continue reading "United States District Court for the Eastern District of Missouri Dismisses Claim Brought Pursuant to the Public Policy Exception to the At-Will Employment Doctrine" »

The Missouri Supreme Court Weighs in on Recovery of Litigation Expenses by a Prevailing Party in a Discrimination Case under the Missouri Human Rights Act

On May 12, 2020, the Missouri Supreme Court issued its decision in Wilson v. City of Kansas City, a disability discrimination case brought by a former city employee, James Wilson ...
Continue reading "The Missouri Supreme Court Weighs in on Recovery of Litigation Expenses by a Prevailing Party in a Discrimination Case under the Missouri Human Rights Act" »

OSHA Issues Updated Guidance to Employers on Reporting Cases of COVID-19 in the Workplace

On May 19, 2020, the Occupational Safety and Health Administration (“OSHA”) published a new memorandum providing updated interim guidance on reporting occupational illnesses specific to ...
Continue reading "OSHA Issues Updated Guidance to Employers on Reporting Cases of COVID-19 in the Workplace" »

United States Department of Labor Publishes New "Joint Employer" Rule and Guidance

United States Department of Labor Publishes New “Joint Employer” Rule and Guidance The United States Department of Labor (DOL) recently published a new rule and guidance on how to ...
Continue reading "United States Department of Labor Publishes New "Joint Employer" Rule and Guidance" »

United States District Court for the Eastern District of Missouri Grants Conditional Certification in Jackson v. Synergies3

United States District Court for the Eastern District of Missouri Grants Conditional Certification in Jackson v. Synergies3 The United States District Court for the Eastern District of Missouri ...
Continue reading "United States District Court for the Eastern District of Missouri Grants Conditional Certification in Jackson v. Synergies3" »

Eighth Circuit Holds A Prospective Employee Is Not An "Employee" Protected By The Fair Labor Standards Act's Anti-Retaliation Provision

Eighth Circuit Holds A Prospective Employee Is Not An “Employee” Protected By The Fair Labor Standards Act’s Anti-Retaliation Provision. In Liscomb v. Boyce, 954 F.3d 1151 (8th Cir. ...
Continue reading "Eighth Circuit Holds A Prospective Employee Is Not An "Employee" Protected By The Fair Labor Standards Act's Anti-Retaliation Provision" »

U.S. District Court for the Western District of Missouri Grants Motion for Temporary Restraining Order and Preliminary Injunction Against Former H&R Block Franchisee

U.S. District Court for the Western District of Missouri Grants Motion for Temporary Restraining Order and Preliminary Injunction Against Former H&R Block Franchisee In H&R Block Tax Svcs., ...
Continue reading "U.S. District Court for the Western District of Missouri Grants Motion for Temporary Restraining Order and Preliminary Injunction Against Former H&R Block Franchisee" »

DOL Final Rule Updated Exemption Regulations

DOL Final Rule Updated Regulations on Exemptions for Executive, Administrative, and Professional Employees Effective January 1, 2020, the United States Department of Labor (“DOL”) issued a ...
Continue reading "DOL Final Rule Updated Exemption Regulations" »

Families First Coronavirus Response Act-An Update

On April 1, 2020, Congress passed the Families First Coronavirus Response Act (the "Act") in response to the ongoing COVID-19 pandemic. On this same day, the U.S. Department of Labor ...
Continue reading "Families First Coronavirus Response Act-An Update" »

DOL Final Rule Updated Regulations on Exemptions for Executive, Administrative, and Professional Employees

Effective January 1, 2020, the United States Department of Labor (“DOL”) issued a final rule increasing the earnings thresholds necessary to exempt white-collar executive, administrative, or professional employees from the minimum wage and overtime pay requirements of the Fair Labor Standards Act (“FLSA”). The DOL anticipates an estimated 1.3 million additional workers will become eligible for overtime as a result of these rulemaking changes.

The final rule updated the salary and compensation levels needed for workers to be exempt by doing the following:

  1. Raising the “standard salary level” from $455 to $684 per week (equivalent to $35,568 per year for a full year of work). The standard salary level accounts for wage growth since the latest 2004 rulemaking and was calculated by reviewing the 20th percentile of earnings of full-time salaried workers in the lowest-wage census region (then, and now, the South region).
  1. Raising the total annual compensation level for “highly compensated employees” (“HCEs”) to $107,432 per year. Importantly, to be exempt as an HCE, an employee must also receive at least the new standard salary amount of $684 per week on a salary or fee basis (without regard to the payment of nondiscretionary bonuses and incentive payments).
  1. Allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices. For employers to credit nondiscretionary bonuses and incentive payments toward a portion of the standard salary level test, they must make such payments on an annual or more frequent basis. If an employee does not earn enough in nondiscretionary bonus or incentive payments in a given year (52-week period) to retain his or her exempt status, the DOL permits the employer to make a “catch-up” payment within one pay period of the end of the 52-week period. This payment may be up to 10 percent of the total standard salary level for the preceding 52-week period. Any such “catch-up” payment will count only toward the prior year’s salary amount and not toward the salary amount in the year in which it is paid.
  1. Revising the special salary levels for workers in U.S. Territories and in the motion picture industry. The DOL is maintaining a special salary level of $380 per week in American Samoa because minimum wage rates there have remained lower than the federal minimum wage. The DOL is setting a special salary level of $455 per week for employees in Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. The DOL is also maintaining a special “base rate” threshold for employees in the motion picture industry. The DOL is increasing the required base rate proportionally to the increase in the standard salary level test, resulting in a new base rate of $1,043 per week (or a proportionate amount based on the number of days worked).

The Firm is experienced in handling a variety of wage and hour issues, including but not limited to whether an employee is properly classified as exempt under the executive, administrative, and professional exemptions. If you have any questions about these exemptions or seek a better understanding of the DOL’s final rule, please contact our attorneys to set up a confidential consultation today.

Attorney Web Design

The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information on this St. Louis Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.
Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.
Website: