Of the three so-called white collar exemptions, the administrative is the grayest and the most difficult for an employer to prove. This is because such a worker does not usually
Continue Reading The Quagmire Of The Administrative Exemption: The Saga Of White Collar Production WorkersThe 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!
New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning!
Under the Trump Administration, there has been a return to the issuance of
Continue Reading New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning!
Well, it finally happened. A Texas federal judge struck down the Obama Administration’s proposed changes to the FLSA overtime regulations, which would have made millions of more people eligible for
Continue Reading Obama-Proposed DOL Overtime Rule Invalidated: Back to Square One
I have blogged often on these new OT regulations and now it seems the game is continuing, with opposition (not unexpected) from the current administration. The USDOL has released its
Continue Reading USDOL Information Request Indicates the Direction It Wants the New OT Exemption Rules To Go
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
Continue Reading Business Groups Want Fast Hearing On DOL Changes: Hope They Get It!
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?
The grayest of the white collar exemptions (as I often have said) is the administrative. In a 2-1 decision, the Sixth Circuit has again proven the truth of this maxim.
Continue Reading Bank Underwriters Fall Within Administrative Exemption: The Tension Between Use of Skill and Experience and Discretion/Independent Judgment
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