Administrative Exemption

The grayest of the white collar exemptions (as I often have said) is the administrative.  In a 2-1 decision, the Sixth Circuit has again proven the truth of this maxim.  The Court upheld a district court dismissal of a FLSA class action in which underwriters working for a bank alleged that they were misclassified as

This one is an interesting case.  A law firm, Morgan & Morgan, PLLC has just settled a class action arising from within its own house.  The law firm classified employees titled Case Managers as exempt.  The employees sued, claiming misclassification. Now, in a joint motion the law firm and employees have asked a federal judge

Here is another exemption misclassification lawsuit, but this time coming from a different angle.  This time, it is a group of human resources employees who work for Lowe’s have filed a putative class action on the theory that they were misclassified as managers and are thus entitled to overtime.  This is very dangerous because the

Exemption issues are very tricky and very fact sensitive.  Given that, courts in different jurisdictions can come down differently on the same issue and then the US Supreme Court is called upon to resolve this difference in the federal Circuit (i.e. appellate) courts.  With the job category known as “service advisers” in auto dealers, this

Another administrative exemption lawsuit! The FLSA administrative exemption is the most difficult to defend and toughest to prove for an employer. The Fifth Circuit has now held that three marine superintendents at petroleum shipping loss-control company were non-exempt and did not meet the tests for the administrative exemption under the Fair Labor Standards Act. The