I have followed this protracted saga for years, since I wrote an article for the Banking Law Journal in 2001 on the issue of exempt status of mortgage brokers.
Continue Reading Supreme Court Sides with USDOL on Its Right To Issue New Guidance on Exempt Status of Mortgage Brokers
Administrative Exemption
Revisions to DOL Exemption Rules on Hold
By Mark Tabakman on
We have been waiting and waiting…
The USDOL has been tasked with revising the Fair Labor Standards Act (“FLSA”) white collar exemptions, but evidently these revisions will not be ready…
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Validity of USDOL 2010 White Paper On Loan Officers Being Challenged: Let’s Start The New Year Off On The Right Note!
By Mark Tabakman on
The status of employees in the financial services industry has been the subject of numerous lawsuits and controversies. The “new” FLSA regulations (from 2004) even postulate that a financial services…
Continue Reading Validity of USDOL 2010 White Paper On Loan Officers Being Challenged: Let’s Start The New Year Off On The Right Note!
De-Certification Attempt Depends Upon Ostensible Need For (Too Much) Individual Scrutiny
By Mark Tabakman on
A FLSA class is usually conditionally certified. The next tactical step for the employer is to seek that class’ decertification. If it succeeds in doing so, the case is over…
Continue Reading De-Certification Attempt Depends Upon Ostensible Need For (Too Much) Individual Scrutiny
“Relationship Bankers” May Find New Relationship With Overtime Monies In Off Beat FLSA Collective Action
By Mark Tabakman on
There have been literally dozens and dozens of cases involving the exempt status of bankers, loan officers and other similar job classifications. In a scenario that I find somewhat off…
Continue Reading “Relationship Bankers” May Find New Relationship With Overtime Monies In Off Beat FLSA Collective Action
Employer Defenses Against Class Action Rest (Again) On Individualization, As Well As Exemption
By Mark Tabakman on
In a recent case, a federal judge in New York has allowed a class action to proceed for thousands of employees who allege that they were misclassified as exempt by…
Continue Reading Employer Defenses Against Class Action Rest (Again) On Individualization, As Well As Exemption
A Pleasant Surprise for Loan Companies — Mortgage Loan Officers Found to Be Exempt from Overtime
By Fox Rothschild LLP on
On March 17, 2011, a Michigan jury returned a verdict in favor of loan company, Quicken Loans Inc., in a class action lawsuit alleging that Quicken had failed to pay…
Continue Reading A Pleasant Surprise for Loan Companies — Mortgage Loan Officers Found to Be Exempt from Overtime
Trial Tactic Of Introducing Exemption Defense Disallowed: A Valuable Lesson For Employers
By Mark Tabakman on
I have often preached that the administrative exemption is the toughest one to prove. It is even more difficult when that exemption defense is not raised either in the Answer…
Continue Reading Trial Tactic Of Introducing Exemption Defense Disallowed: A Valuable Lesson For Employers
Another Blackwater FLSA Class Action Lawsuit
By Mark Tabakman on
Although Blackwater, the “infamous” company that has played a role in the occupation of Iraq, has changed its name to Xe Services LLC, that cannot change the seemingly continuing stream…
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Loss Prevention Managers: Do They Fit Within The Administrative Exemption?
By Mark Tabakman on
A class of Loss Prevention Managers are suing their employer in a Fair Labor Standards Act collective action, contending they have been incorrectly classified as exempt. Their cause has advanced…
Continue Reading Loss Prevention Managers: Do They Fit Within The Administrative Exemption?