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Jeff Sarvas
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DOL Issues Final Rule Increasing Salary Thresholds

On September 24, 2019, the Department of Labor issued a final rule increasing the salary threshold for exempt employees and “highly compensated employees” under the Fair Labor Standards Act (“FLSA”). The final rule becomes effective on January 1, 2020. The rule raises the current minimum salary level for “exempt” employees, i.e. employees for whom overtime Read More

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How Many Days After A Decision Altering Binding Precedent is the New Decision Considered Clearly Established Law?

This is an issue that has been presented   recently across several circuits. In a recent decision from the Eleventh Circuit Court Appeals, that Court found that nine (9) days between a decision and the subject incident was sufficient such that the law was “clearly established.” See, e.g., O’Kelley v. Craig, 2019 U.S. App. LEXIS 20999, Read More

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