It is vital for employers to remember that when non-exempt employees earn commissions, those commissions must be included in the computation of their regular rate when they work overtime. The
Continue Reading Sales Representatives Get Certification On Failure To Include Commissions In Overtime Class Action: A Cautionary Tale
Sales Employees
Arbitration of Wage Hour Claims Controversy Continues Unabated
The controversy over whether employees must arbitrate wage claims continues with full force. A federal judge has just sent to arbitration a claim by an employee that the Company violated…
Continue Reading Arbitration of Wage Hour Claims Controversy Continues Unabated
Commissions: How Do They Work?
Sales employees are generally compensated with commission compensation structures. Sometimes a commission is paid in addition to a salary, other times its paid instead of salary. The tech industry employs…
Allstate Triumphs Again On “Economic Realities” Test For Independent Contractor Status Under the FLSA
One employer defense (one that is not often able to be raised) to a FLSA collective action is that the employees are independent contractors. In the insurance industry, perhaps more…
Continue Reading Allstate Triumphs Again On “Economic Realities” Test For Independent Contractor Status Under the FLSA
Critical New Development On Status of Mortgage Loan Officers Under FLSA
I have written many times on the questionable exempt status of mortgage loan officers, brokers, mortgage originators and other similarly titled employees. I have called attention to the proliferation of…
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The Difficulty of Fitting Employees Into The Administrative Exemption Rears Its Head Again
The Second Circuit Court of Appeals has reversed a lower court and held that a regional director of advertising sales for the Elite Traveler magazine was non-exempt under the Fair…
Continue Reading The Difficulty of Fitting Employees Into The Administrative Exemption Rears Its Head Again
The Employer Beats The Class To The Punch With A Dramatic Result!
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!