When Nurses are performing traditional nursing duties, there is no question that they are professionally exempt under the FLSA. When their duties vary from those usual ones, the analysis is
Continue Reading Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist
Professional Exemption
FLSA Misclassification Case Highlights The Vagaries Of The Administrative And Professional Exemptions
By Mark Tabakman on
There are certain industries or fields where misclassification issues are prevalent because the nature of the duties of the workers “seems” to smack of exempt work but then there is…
Continue Reading FLSA Misclassification Case Highlights The Vagaries Of The Administrative And Professional Exemptions
FLSA Collective Action Defeated in One Fell Swoop by Exemption Defense: Way to Go!
By Mark Tabakman on
I love it when the employer wins an exemption case because the deck is so often stacked against the employer on these kinds of cases. This is especially so when…
Continue Reading FLSA Collective Action Defeated in One Fell Swoop by Exemption Defense: Way to Go!
Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?
By Mark Tabakman on
It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to…
Continue Reading Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?
Newly Reclassified Employees Still Seek Overtime for Alleged Earlier Misclassification: That’s Not Nice!
By Mark Tabakman on
A group of field service engineers have filed a FLSA suit against Alcon Laboratories, on the theory that the company misclassified them as exempt employees. They seek conditional class certification,…
Continue Reading Newly Reclassified Employees Still Seek Overtime for Alleged Earlier Misclassification: That’s Not Nice!
Business Groups Want Fast Hearing On DOL Changes: Hope They Get It!
By Mark Tabakman on
I blogged about this a short time ago. More than fifty (50) business groups requested that a US District Court Judge render a fast decision in the case involving the…
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Lawsuits Filed In Effort To Stop New FLSA Salary Levels: An Exercise in Futility?
By Mark Tabakman on
For the last several months, I have been talking to and advising clients on strategies to deal with the advent of the new FLSA salary regulations, i.e. the $913 per…
Continue Reading Lawsuits Filed In Effort To Stop New FLSA Salary Levels: An Exercise in Futility?
House Committee Hears Doomsday Predictions on Impact of New FLSA Rules
By Mark Tabakman on
Now that the new DOL exemption rules have issued, commentators have had time to reflect on what these changes may mean for business. A few days ago, a House of…
Continue Reading House Committee Hears Doomsday Predictions on Impact of New FLSA Rules
Second Circuit Reverses on Lawyer Professional Exemption Case: What in the World Is Happening?
By Mark Tabakman on
I have blogged about this matter several times, all the while applauding the lower court decision and employer’s legal position in the case, as I believed what these temporary…
Continue Reading Second Circuit Reverses on Lawyer Professional Exemption Case: What in the World Is Happening?
Skadden Case on Lawyer Overtime/Exempt Status Argued Before Second Circuit
By Mark Tabakman on
I have been following this protracted saga for some time and there is another chapter now being written. The law firm of Skadden Arps is being sued in a Fair…
Continue Reading Skadden Case on Lawyer Overtime/Exempt Status Argued Before Second Circuit