I am fascinated by the case that the Supreme Court has announced it will take on. The Court will decide the proper evidentiary standard that an employer must meet in
Continue Reading Supreme Court Will Decide Burden Of Proof In FLSA Exemption Cases: A Monumental Decision On The Way!
I read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up
Continue Reading The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For EmployersMany wage-hour/overtime actions are brought against restaurants; this is, and has been for some time, a disturbing pattern. Coupled with this trend is the fact that it seems that this
Continue Reading Defeat of Restaurant FLSA Actions for Lack of Credible Evidence Is Encouraging!
We are seeing states start to re-open and businesses start to come back to life and bring their employees back. There are many difficult economic issues that surround these developments,
Continue Reading Many Wage and Hour Issues Arise in Return-to-Work Scenarios From COVID-19
The Corona Virus scare is causing employers to lay people off and reduce their hours. For non-exempt, hourly people this is fairly easy, from a legal perspective, because if non-exempt
Continue Reading Cutting Exempt Employee Salaries for Slowdowns Resulting From Virus Is Legal—But Be Very Careful!
Many times, plaintiff lawyers will try to file FLSA class actions as nationwide lawsuits so the size of the class and potential recovery can be magnified geometrically. Well, that just
Continue Reading Nationwide FLSA Class Action Fails Because Out-of-State Plaintiffs Are Not Sufficiently Connected to State Where Lawsuit Filed: A New Defendant Strategy Pays Off!
I blogged last week about the back and forth on the new USDOL proposed salary threshold for exempt status, at approximately $35,000 per year. Well, the Democrats have now spoken
Continue Reading Democrats Now Want White Collar Exemption Salary Level to Be Much Higher
This is a very interesting case. A group of nurses at a Texas hospital claimed they their employer intended to pay them an annual salary rather than an hourly rate
Continue Reading No OT for Hourly Paid Nurses in Offbeat Texas Lawsuit
When an employer realizes that a certain classification or number of employees has been misclassified as exempt, the employer may do the right thing and, henceforth, treat those people as
Continue Reading Converting Exempts To Non-Exempts Leave A Window Of Opportunity