HCE

The US Department of Labor (DOL) may seek again, in 2023, to raise the salary threshold for a person to fit within a Part 541 white-collar exemption.  The agency was

Continue Reading The FLSA Salary Test Is Coming Around Again For Revision: Employers, Watch Out

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 issue of the salary test for FLSA exemptions has been explored and analyzed through numerous cases. It is counterintuitive to think that an employee very highly paid for doing
Continue Reading Supreme Court Will Likely Resolve Circuit Split On Highly Paid Workers And The FLSA Salary Test: A Big Deal!

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

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