I am always interested in administrative exemption cases because they are the hardest to prove for an employer. In an interesting case that illustrates the parameters of this exemption, the
Continue Reading Business Development Managers Exempt Under Administrative Exemption: A Case Study Of This Nuanced, Vague Exemption
Discretion and Independent Judgment
Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed
By Mark Tabakman on
Another administrative exemption case, this time in the trucking industry, tests the contours of that vague, nuanced exemption and to what occupations it applies. In this case, a group of…
Continue Reading Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed
Health Care Industry FLSA Collective Action Focuses On Exempt Status Of Care Coordinators
By Mark Tabakman on
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…
Continue Reading Health Care Industry FLSA Collective Action Focuses On Exempt Status Of Care Coordinators
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…
Continue Reading FLSA Collective Action Defeated in One Fell Swoop by Exemption Defense: Way to Go!
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…
Continue Reading Admissions Director Exemption Issue May Impact Whether She Is Entitled To Pay For On-Call Hours
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…
Continue Reading Bank Files Cert Petition to US Supreme Court On Administrative Exemption: The Neverendng Story
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
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…
Continue Reading Horseshoe Casino Settles FLSA Class Action by Table Games Supervisors
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…
Continue Reading The FLSA Administrative Exemption Not Applicable To Oil Company Employees