For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate. For the exemption
Continue Reading Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?
The FLSA is very strict concerning proper deductions from exempt employee salaries. Improper deductions can undermine the exemption for the individual employee and possibly the entire class of exempt employees.
Continue Reading Improper Deductions From Salary Can Jeopardize Exempt Status But Not If Taken From PTO Time: Great Decision!
I have blogged about this Helix case on previous occasions and have been following it. Well, the Supreme Court just ruled that no matter how highly compensated a worker is
Continue Reading Supreme Court Holds A “Salary” Means A Salary For White Collar Exemptions
Although Spring is almost here, many areas in the country are still being socked with winter storms. When snowstorms hit and a business closes for the entire or part of
Continue Reading Bad Weather And The FLSA—The Difference Between Exempt And Non-Exempt Workers
Of the three so-called white collar exemptions, the administrative is the grayest and the most difficult for an employer to prove. This is because such a worker does not usually
Continue Reading The Quagmire Of The Administrative Exemption: The Saga Of White Collar Production Workers
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 Duty
The US Department of Labor (DOL) may seek again, in 2023, to raise the salary threshold for a person to fit within a Part 541 white-collar exemption. The agency was
Continue Reading The FLSA Salary Test Is Coming Around Again For Revision: Employers, Watch Out
I have often dealt with exemption issues, most of which involve the white-collar exemptions, however, I have also had cases involving the nuanced, difficult-to-understand, commission exemption under Section 7(i) of
Continue Reading Fifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)
As I have written numerous times, the administrative exemption is the grayest and most difficult for an employer to prove The tension between whether duties involve skill and experience or
Continue Reading Property Damage Investigators Do Not Meet FLSA Administrative Exemption Test: Another Lesson For Employers On This Grayest of Gray ExemptionsThe issue of willfulness is always front and center in a FLSA litigation. In an interesting case now before a federal appellate court, the class of employees who prevailed in
Continue Reading Liquidated Damages And The CEO: When Does Personal Liability Attach?