On Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an
Continue Reading United States Supreme Court Weighs Evidentiary Standard in FLSA Exemption CasesThe Murky FLSA Administrative Exemption Gets Clarification From The First Circuit, If Such A Thing Is Possible?
Of the three white collar exemptions, the administrative exemption is the vaguest and the hardest for an employer to prove. In an important case, the First Circuit has weighed in
Continue Reading The Murky FLSA Administrative Exemption Gets Clarification From The First Circuit, If Such A Thing Is Possible?What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!
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 exemptions
Continue Reading What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!The Quagmire Of The Administrative Exemption: The Saga Of White Collar Production 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 WorkersProperty Damage Investigators Do Not Meet FLSA Administrative Exemption Test: Another Lesson For Employers On This Grayest of Gray Exemptions
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 ExemptionsBusiness Development Managers Exempt Under Administrative Exemption: A Case Study Of This Nuanced, Vague Exemption
I am always interested in administrative exemption cases because they are the hardest to prove for an employer. In an interesting case that illustrates the parameters of this exemption, the
Continue Reading Business Development Managers Exempt Under Administrative Exemption: A Case Study Of This Nuanced, Vague Exemption
“Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep Them Down
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
Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist
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
Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed
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
FLSA Misclassification Case Highlights The Vagaries Of The Administrative And Professional Exemptions
There are certain industries or fields where misclassification issues are prevalent because the nature of the duties of the workers “seems” to smack of exempt work but then there is
Continue Reading FLSA Misclassification Case Highlights The Vagaries Of The Administrative And Professional Exemptions