Discretion and Independent Judgment

There have been so many cases involving employees in the financial services industries and their exempt status or lack thereof. In another variation on this theme, Provident Savings Bank is seeking review by the US Supreme Court of a Ninth Circuit decision that gave new life to allegations that its mortgage underwriters are non-exempt and

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

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