Paying an employee a lot of money does not necessarily guarantee that he will be exempt from overtime requirements, as the 11th Circuit Court of Appeals' ruling in Freixa v. Prestige Cruise Servs. illustrates.
The US District Court for the Eastern District of Texas on November 22 issued a preliminary injunction that prevents the US Department of Labor (DOL) from implementing and enforcing its new overtime rule, which had been scheduled to take effect December 1.
The Supreme Court declined to hear a challenge to new regulations that prohibit third-party employers from claiming the Fair Labor Standards Act (FLSA) overtime exemption for companionship services providers and narrow the range of duties that FLSA-exempt services providers may perform.
In Encino Motorcars, LLC v. Navarro, the Supreme Court held that courts do not have to follow a 2011 regulation from the US Department of Labor that excludes auto dealership "service advisors" from an exemption from the overtime requirements of the Fair Labor Standards Act (FLSA).
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