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!
exemption
Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands
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
Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!
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!
Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!
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!
Warning—Calling Someone A Manager Or Sous Chef Does Not Automatically Make Them Exempt From Overtime Under The FLSA
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
Health Care Industry FLSA Collective Action Focuses On Exempt Status Of Care Coordinators
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
Organ Procurement Coordinator Found Exempt Under FLSA Highly Compensated Exemption: A Case Study in the HCE
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
Another Assistant Manager FLSA Class Action Goes Down—When Will They Ever Learn?
I love Assistant Manager class actions because it gives a defense lawyer a “golden” opportunity to defeat class certification by asserting that too much individual scrutiny is required to allow…
Continue Reading Another Assistant Manager FLSA Class Action Goes Down—When Will They Ever Learn?
Judge Signals Change on Certification Decision and Then Case Quickly Settles
It is fairly easy for a plaintiff to get conditional certification in a FLSA class action case, but that is not the end of the story. The next step, much…
Continue Reading Judge Signals Change on Certification Decision and Then Case Quickly Settles
Changing Employees From Exempt to Non-Exempt “With the Season” Is Legal!
Many industries and businesses are seasonal and I have been often approached with a client question to the effect of whether the client can change the exempt status of workers,…
Continue Reading Changing Employees From Exempt to Non-Exempt “With the Season” Is Legal!