There are many exemptions under the Fair Labor Standards Act and an interesting one, one that does not get a lot of attention or “play” is the domestic worker exemption. 
Continue Reading What Is A ‘Live-In’ Nanny For The FLSA Domestic Exemption? First Step-She Has To Live In The HouseExemptions
How To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!
The new salary threshold for exempt employees is coming soon. The current minimum level is $35,568 per year ($684 per week) and the proposal is to increase it to $55,068…
Continue Reading How To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!Employers Must Beware Of Year-End Wage Hour Issues/Landmines!
I read an interesting post by Sara Zorich of Amundsen Davis concerning the year-end wage hour issues that employers must deal with, and I agree with the concepts set forth…
Continue Reading Employers Must Beware Of Year-End Wage Hour Issues/Landmines!A New USDOL Wage and Hour Division Administrator Will Continue The Pro-Employee Agenda of The Biden Administration
The office of Wage-Hour Administrator, a vital office in the functioning and direction of the USDOL, has now at long last, been filled. On October 25, 2023, Jessica Looman was…
Continue Reading A New USDOL Wage and Hour Division Administrator Will Continue The Pro-Employee Agenda of The Biden AdministrationEmployees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?
In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards…
Continue Reading Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?The Murky FLSA Administrative Exemption Gets Clarification From The First Circuit, If Such A Thing Is Possible?
Of the three white collar exemptions, the administrative exemption is the vaguest and the hardest for an employer to prove. In an important case, the First Circuit has weighed in…
Continue Reading The Murky FLSA Administrative Exemption Gets Clarification From The First Circuit, If Such A Thing Is Possible?The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For Employers
I read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up…
Continue Reading The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For EmployersWhat To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!
As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions…
Continue Reading What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!New Proposed FLSA Salary Threshold Just A Starting Point
Sharing my colleague Glenn Grindlinger’s recent alert on the DOL’s proposal to increase salary thresholds for determining when an employee is exempt from overtime. Employers take note, this could mean…
Continue Reading New Proposed FLSA Salary Threshold Just A Starting PointWhat Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In
It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. …
Continue Reading What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In