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?
Administrative Exemption
House Committee Hears Doomsday Predictions on Impact of New FLSA Rules
By Mark Tabakman 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 Mark Tabakman 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 Mark Tabakman 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 Mark Tabakman 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. …
Continue Reading Bank Underwriters Fall Within Administrative Exemption: The Tension Between Use of Skill and Experience and Discretion/Independent Judgment
Law Firm Settles Administrative Exemption Case: What Is “White Collar Production Work?”
By Mark Tabakman 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 Mark Tabakman 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…
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Human Resource Managers, Personnel Clerks And The Administrative Exemption: Where Is The Line Drawn?
By Mark Tabakman on
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…
Continue Reading Human Resource Managers, Personnel Clerks And The Administrative Exemption: Where Is The Line Drawn?
You Need Brakes and Tires! Supreme Court May Decide Exempt Status of Auto Dealer Service Advisers
By Mark Tabakman on
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…
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The FLSA Administrative Exemption Not Applicable To Oil Company Employees
By Mark Tabakman on
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…
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