Sharing my colleague Glenn Grindlinger’s recent alert on the DOL’s proposal to increase salary thresholds for determining when an employee is exempt from overtime. Employers take note, this could mean
Continue Reading New Proposed FLSA Salary Threshold Just A Starting Point
It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be.
Continue Reading What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In
The FLSA is very strict concerning proper deductions from exempt employee salaries. Improper deductions can undermine the exemption for the individual employee and possibly the entire class of exempt employees.
Continue Reading Improper Deductions From Salary Can Jeopardize Exempt Status But Not If Taken From PTO Time: Great Decision!This is a day I have been waiting for. The Supreme Court has decided to take on a case in which it will decide whether someone earning more than $200,000
Continue Reading Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t Wait!
The fundamental premise of being an exempt employee is that the worker is paid by a “salary” as that term is defined in the FLSA regulations. Even paying someone an
Continue Reading Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands
When I, as a management-side practitioner, defend a FLSA class action, the contingency I fear is that a court might find that the violation was “willful,” thereby extending the two-year
Continue Reading Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!
The issue of misclassification of workers as exempt when they might not be has been around for a very long time. Another class of such workers has been certified in
Continue Reading Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!
The New York City restaurant industry has, over the last several years, been hit with a flood of lawsuits. Many of these have focused on illegal tip pools but many
Continue Reading Warning—Calling Someone A Manager Or Sous Chef Does Not Automatically Make Them Exempt From Overtime Under The FLSA
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
I have found a very interesting exemption case involving a rather unique job title that also is very instructive in the interpretation of the Highly Compensated Exemption (“HCE”) under the
Continue Reading Organ Procurement Coordinator Found Exempt Under FLSA Highly Compensated Exemption: A Case Study in the HCE