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 exemptionsContinue Reading What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!
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 Point
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
Plaintiff lawyers are always asserting that every single alleged wage hour violation is “willful” so when they start negotiating a settlement (or trying to) they always start from that position…Continue Reading In An FLSA Case, Just Because The Plaintiff Says It’s Willful Does Not Make It So!
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