Exemptions

I am a big student of the FLSA motor carrier exemption and have handled many such cases.  I often find that a big obstacle for the employer claiming the exemption

Continue Reading Interstate Commerce And The Motor Carrier Exemption: The Doctrine Of Practical Continuity

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 House

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!

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 Administration

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?

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?

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 Employers

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!