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!

I read an interesting post in the Seyfarth Shaw blog about out-of-state employees and their ability to become part of a FLSA collective/class action. The FLSA allows individuals to bring
Continue Reading Two Federal Circuit Courts Throw Obstacles Up Against FLSA Class Action Certification: A Roadmap For Employers!

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

I have blogged many times about cases where relatively small amounts of compensation, bonus type compensation, are not included when an employer calculates the regular rate for overtime and a
Continue Reading COVID Related Wage Increases Includible In Regular Rate In FLSA Overtime Case

A big part of defending any wage hour case and settling such a case is the issue of attorneys’ fees for the plaintiff’s lawyer. Plaintiff attorneys are always having grandiose
Continue Reading Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!