Exemptions

When fighting a FLSA class action on an exemption issue, the employer must seek to prove all class members fit within an exemption and/or attack the legitimacy of the class.
Continue Reading “Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep Them Down

When Nurses are performing traditional nursing duties, there is no question that they are professionally exempt under the FLSA. When their duties vary from those usual ones, the analysis is…
Continue Reading Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist

How many Assistant Manager overtime cases can there be? There seems to be another one every five minutes. The latest iteration of this phenomenon is a FLSA class action against…
Continue Reading Yet One More FLSA Class Action On Exempt Status Of Assistant Managers—Pay Them Hourly And Forget About It!

The issue of the salary test for FLSA exemptions has been explored and analyzed through numerous cases. It is counterintuitive to think that an employee very highly paid for doing…
Continue Reading Supreme Court Will Likely Resolve Circuit Split On Highly Paid Workers And The FLSA Salary Test: A Big Deal!

The fundamental premise of being an exempt employee is that the worker is paid by a “salary” as that term is defined in the FLSA regulations. Even paying someone an…
Continue Reading Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands

Another administrative exemption case, this time in the trucking industry, tests the contours of that vague, nuanced exemption and to what occupations it applies. In this case, a group of…
Continue Reading Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed

When I, as a management-side practitioner, defend a FLSA class action, the contingency I fear is that a court might find that the violation was “willful,” thereby extending the two-year…
Continue Reading Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!

The issue of misclassification of workers as exempt when they might not be has been around for a very long time. Another class of such workers has been certified in…
Continue Reading Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!

The New York City restaurant industry has, over the last several years, been hit with a flood of lawsuits. Many of these have focused on illegal tip pools but many…
Continue Reading Warning—Calling Someone A Manager Or Sous Chef Does Not Automatically Make Them Exempt From Overtime Under The FLSA