Employers cannot only think of job duties when it comes to ensuring that exemptions are maintained. Improper deductions from salary can undermine exempt status and, even with the revised FLSA…
Continue Reading Salary Deductions Can Make Workers Lose Exempt Status
As I have written, employees need not file class actions in a court in order to band together to seek overtime monies. Arbitration is a distinct possibility. In the recent…
Continue Reading Truck Drivers Take Arbitration Highway To Overtime Class Action
Not every allegation of FLSA violation or class action must weave its way through the courts for a resolution. Union members who feel aggrieved may challenge alleged improper pay practices…
Continue Reading The EEOC Does Not Trump The FLSA: Arbitrator Finds Overtime Violations
I have often addressed the issue of Department of Labor Opinion Letters and how they provide very good guidance on the myriad wage-hour issues that employers must deal with. They…
Continue Reading Ground Control to Major Tom: DOL Issues “Opinion” on Exempt Status of Pilots
Sales representatives of Novartis Pharmaceutical Corporation who brought a class action have been determined to be exempt employees under the Fair Labor Standards Act, thus bringing an abrupt end (for…
Continue Reading Exemptions Issues At The Heart Of Latest Drug Giant FLSA Class Action
A collective/class action lawsuit against Merrill Lynch, which is just getting under way in the US District Court for the Southern District of New York (sitting in Manhattan) has been…
Continue Reading The Financial Services Industry: An Easy Target for Overtime Class Actions
The federal regulations are always being updated, even if some of the revisions move at seemingly glacial speed. Recently, the United States Department of Labor has proposed to revise regulations addressing…
Continue Reading New Proposed Regulations Affect Overtime Issues
The Court of Appeals for the Tenth Circuit has held that civilian military recruiters were non-exempt employees and therefore entitled to overtime pay. As they were salaried, their back due…
Continue Reading Salute Me And Then Pay Me Overtime
The financial services industry has been and will continue to be, in my view, hard hit by wage-hour class actions. The attack will be and has been that these employees…
Continue Reading The Financial Services Industry: Easy Target For Class Actions
There are more than twenty (20) exemptions from overtime enumerated in the Fair Labor Standards Act. Mostly, employers only are concerned with the three so-called white-collar exemptions (executive, administrative, professional). …
Continue Reading Interstate Commerce and The Exemption Issue
