In exemption cases (or lawsuits), a title means nothing. You can call a janitor a Maintenance Engineer but if his primary duties are sweeping up, he will still be deemed
Continue Reading Exemption Determinations Rely On Actual Duties Performed—What Is The Primary DutyI have found a very interesting exemption case involving a rather unique job title that also is very instructive in the interpretation of the Highly Compensated Exemption (“HCE”) under the
Continue Reading Organ Procurement Coordinator Found Exempt Under FLSA Highly Compensated Exemption: A Case Study in the HCE
I have defended many claims and lawsuits involving working time, especially travel time. Employees are continually seeking innovative ways to convert their otherwise non-compensable home-to-work travel into compensable work hours.
Continue Reading Working Time/Travel Time Case Thrown Out: No Integral Connection to Primary Duty
The vast majority of FLSA class actions result in settlements, as few employers, frankly, are hardy enough to go to trial and risk even more. An interesting settlement has just
Continue Reading Horseshoe Casino Settles FLSA Class Action by Table Games Supervisors
The 60-day comment period closed on September 4, 2015 for the USDOL’s proposed (and for employers, controversial) overtime changes. There were an amazing 250,000 comments submitted and this highlights the
Continue Reading Comments on DOL Exemption Proposals Illustrate Great Divide
I have blogged before on the “eagerly” anticipated DOL revisions to the white collar exemption regulations. This initiative is designed to narrow the white collar exemptions to the Fair Labor
Continue Reading USDOL Revisions to White Collar Rules Will Issue This Month: Lots of Changes Ahead
I have lectured and presented extensively on what does and does not constitute working time, in the context of preliminary and postliminary activities. The key in such determinations is whether
Continue Reading Supreme Court Ruling on Pre/Post Shift Activities: New Wine in an Old Bottle