It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to
Continue Reading Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?
Administrative Exemption
New Jersey Federal Court Finds Financial Advisers Exempt as Administrative Employees: A Trend?
By Fox Rothschild LLP on
Corinne Burzichelli writes:
The issue of the exempt status of financial services employees has been explored in numerous cases for many years and in different parts of the country. Now,…
Continue Reading New Jersey Federal Court Finds Financial Advisers Exempt as Administrative Employees: A Trend?
Business Groups Want Fast Hearing On DOL Changes: Hope They Get It!
By Fox Rothschild LLP on
I blogged about this a short time ago. More than fifty (50) business groups requested that a US District Court Judge render a fast decision in the case involving the…
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Lawsuits Filed In Effort To Stop New FLSA Salary Levels: An Exercise in Futility?
By Fox Rothschild LLP on
For the last several months, I have been talking to and advising clients on strategies to deal with the advent of the new FLSA salary regulations, i.e. the $913 per…
Continue Reading Lawsuits Filed In Effort To Stop New FLSA Salary Levels: An Exercise in Futility?
House Committee Hears Doomsday Predictions on Impact of New FLSA Rules
By Fox Rothschild LLP on
Now that the new DOL exemption rules have issued, commentators have had time to reflect on what these changes may mean for business. A few days ago, a House of…
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U.S. Supreme Court Rebukes USDOL In Vacating Ninth Circuit Service Adviser Holding
By Fox Rothschild LLP on
I have followed and blogged on this case for some time. As I had thought, the U.S. Supreme Court ruled that the Ninth Circuit’s decision, i.e. allowing OT pay…
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Supreme Court Hears Arguments On Exempt Status of Car Dealership Service Advisers
By Fox Rothschild LLP on
I have blogged on this topic before and I look forward with great interest as to what the ultimate decision will be. Evidently, during the oral argument before it, the…
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Bank Underwriters Fall Within Administrative Exemption: The Tension Between Use of Skill and Experience and Discretion/Independent Judgment
By Fox Rothschild LLP on
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. …
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Law Firm Settles Administrative Exemption Case: What Is “White Collar Production Work?”
By Fox Rothschild LLP on
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…
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Horseshoe Casino Settles FLSA Class Action by Table Games Supervisors
By Fox Rothschild LLP on
The vast majority of FLSA class actions result in settlements, as few employers, frankly, are hardy enough to go to trial and risk even more. An interesting settlement has just…
Continue Reading Horseshoe Casino Settles FLSA Class Action by Table Games Supervisors