The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to
Continue Reading When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?
U.S. Court of Appeals for the Ninth Circuit
A Waiting Time/Bag Inspection Case Where The De Minimis Defense Actually Worked!
By Mark Tabakman on
I have blogged several times recently on the rash of “check bag” cases that have percolated through the courts. Another example. A class of workers employed by Converse Inc. have…
Continue Reading A Waiting Time/Bag Inspection Case Where The De Minimis Defense Actually Worked!
Ninth Circuit Finds Beauty School Students Were Not Employees
By Mark Tabakman on
There have been a great many intern cases recently, cases testing whether interns crossed the line into being statutory employees and therefore covered by the FLSA. I have blogged about …
Continue Reading Ninth Circuit Finds Beauty School Students Were Not Employees
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
Further Confusion — The Split in Authority Regarding the Exempt Status of Pharmaceutical Sales Representatives
By Fox Rothschild LLP on
In early January, I posted an entry regarding the exempt status of pharmaceutical sales representatives. In the past several months, there have been several significant developments with respect to this…
Continue Reading Further Confusion — The Split in Authority Regarding the Exempt Status of Pharmaceutical Sales Representatives
The Legality Of Reducing Wage Rate To “Avoid” Overtime: The Supreme Court May Decide
By Mark Tabakman on
I have believed that it is not illegal for an employer to reduce the wage rate of an employee, even if the objective is to save overtime costs or where…
Continue Reading The Legality Of Reducing Wage Rate To “Avoid” Overtime: The Supreme Court May Decide
Assistant Manager Saga Continues: Radio Shack Hit (Again)
By Mark Tabakman on
In Florida, an Assistant Manager has filed a class action against RadioShack Corporation, alleging that the company has misclassified these managers as exempt executives and has not paid them overtime. …
Continue Reading Assistant Manager Saga Continues: Radio Shack Hit (Again)
The Employer Beats The Class To The Punch With A Dramatic Result!
By Mark Tabakman on
In a ground-breaking decision, the Ninth Circuit Court of Appeals has set a path down for defendant-employers in Fair Labor Standards Act (“FLSA”) class actions that is breathtaking in its…
Continue Reading The Employer Beats The Class To The Punch With A Dramatic Result!