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!
My partner Glenn Grindlinger has written a thoughtful piece on the establishment of the new salary levels for the Part 541 white collar exemptions under the Fair Labor Standards Act.
Continue Reading USDOL Exemption Salary Level Becomes Final Shortly–We’ll See?
The new salary threshold for exempt employees is coming soon. The current minimum level is $35,568 per year ($684 per week) and the proposal is to increase it to $55,068
Continue Reading How To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!
As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions
Continue Reading What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!
For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate. For the exemption
Continue Reading Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?
I have blogged about this Helix case on previous occasions and have been following it. Well, the Supreme Court just ruled that no matter how highly compensated a worker is
Continue Reading Supreme Court Holds A “Salary” Means A Salary For White Collar ExemptionsThe 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
Another administrative exemption case, this time in the trucking industry, tests the contours of that vague, nuanced exemption and to what occupations it applies. In this case, a group of
Continue Reading Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed