Another exemption lawsuit has been filed. What else is new? This time, a group of nurses and care coordinators determine who analyze requests for coverage from health care providers have claimed they are entitled to overtime because they are non-exempt. They have filed a collective action under the Fair Labor Standards Act. The case is
Discretion and Independent Judgment
FLSA Collective Action Defeated in One Fell Swoop by Exemption Defense: Way to Go!
By Mark Tabakman on
I love it when the employer wins an exemption case because the deck is so often stacked against the employer on these kinds of cases. This is especially so when the action is a collective one under the FLSA. In this instance, a RN who was employed as a health insurance claims consultant was found…
Admissions Director Exemption Issue May Impact Whether She Is Entitled To Pay For On-Call Hours
By Mark Tabakman on
I have blogged about and have long been concerned about working time issues and what constitutes compensable work hours. One of the thorniest of these issues is on-call time and when, if at all, on-call hours become working time. A recent case throws light on this issue, as a Court has held that an…
Bank Files Cert Petition to US Supreme Court On Administrative Exemption: The Neverendng Story
By Mark Tabakman on
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…
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. 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…
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 been announced. A putative class of casino workers and the Company have requested that a federal court grant preliminary approval to a settlement that resolves…
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 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…