Exempt-Employees

News & Analysis as of

$89K Manager May Not Be FLSA-Exempt, Court Rules

This is scary. You’d think a person with “Manager” in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act. ...more

Should Your Employees Get More Sun, Surf, and Sand? A Quick Look at Unlimited Vacation Policies

The news reports that more and more companies are moving to offer unlimited vacation time. On its face, this policy change appears to be a generous offer by employers to boost employee morale and attract top talent, but there...more

The Supreme Court Will Decide Service Advisor's Exempt Status

Dealerships will soon get a decisive ruling from the U.S. Supreme Court about an issue that has become a thorn in the side for many dealers. The issue: whether Service Advisors are exempt from overtime requirements under...more

10 Tips to Mitigate or Prevent Wage and Hour Litigation in the Post-Acute Industry

Wage and hour lawsuits are being filed against employers under federal and state wage and hour laws at a record rate. Most wage and hour claims allege the employer failed to pay employees for off-the-clock work, failed to pay...more

When Snow Days Impact Employers: Balancing Inclement Weather and the FLSA

Winter weather can be frustrating for employers as facilities close or employees are unable to travel in to the worksite even when the worksite is open. Employers often wonder what their obligations are to pay employees...more

Employers Again Brace for Winter Storms

With severe winter weather predicted for much of the East Coast and extending as far west as Central Arkansas, employers should be prepared to address the impact of the winter storms on their businesses. Issues employers may...more

"Proposed Rules to Tighten Wage and Hour Exemptions"

In June 2015, the Department of Labor (DOL) unveiled a proposed rule that, if enacted, will result in federal overtime requirements covering an additional estimated 5 million people. The proposed rule was issued in response...more

Protected Occupations: Statutory Exemptions from Non-Competes for Employee Classes

The states have a rich tradition of passing legislation forbidding or limiting the use of non-compete agreements with identified classes of employees. As you might expect, a number of states forbid or limit the use of...more

The Fourth Circuit’s Countdown to 2016 Includes Two FLSA Classification Decisions

While we were in the midst of office holiday parties and end of the year celebrations, the Fourth Circuit Court of Appeals came down with two precedential decisions for employers to ponder in the New Year. In Williams v....more

Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news,...more

Nothing New for Doc Review: Federal Court Rules That Doc Review Attorney, Like Other Practicing Lawyers, is Exempt

The lawyers in our readership are quite familiar with the fact that, as a general matter, practicing attorneys are not entitled to overtime pay under the FLSA. But does that exempt status change when an attorney is retained...more

Employers Left Waiting For New Exemption Regs: Explaining The What, Why And When

In July 2015, the U.S. Department of Labor (USDOL) published proposed regulations that could alter whether you may or should treat employees as being exempt from the minimum-wage and overtime requirements of the federal Fair...more

A Year of Change – Increasing Penalties and More

One thing we already know about 2016– this year will bring changes in many of the “numbers” we are accustomed to in the world of employment law: the OSHA penalties are likely to significantly increase, the salary level for...more

If Pain, Yes Gain — Part XIV: Paid Sick Leave Developments Bring Holiday Chills in New Jersey

As the year winds down, New Jersey paid sick leave continues to wind up. The New Jersey Senate earlier this month approved statewide paid sick leave legislation (S785). While the bill still needs the Assembly’s...more

First Circuit Holds that Jury Can Decide Whether Store Managers Were Exempt from the Overtime Requirements of the FLSA

Last week, the U.S. Court of Appeals for the First Circuit reversed summary judgment to the employer, an operator of Dunkin’ Donuts stores, on claims by two former managers that they were improperly denied overtime under the...more

Start planning now for new overtime rules expected July 2016

Employers should begin preparations for the likely announcement of new overtime regulations. The U.S. Department of Labor has announced that it anticipates publishing final versions of new overtime rules in July of 2016. The...more

5 Things to Know About the U.S. Department of Labor’s Proposed Changes to the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor (“DOL”) released proposed regulations that would modify certain provisions of the Fair Labor Standards Act (“FLSA”), including the so-called “white collar exemptions.” ...more

Employment Law Reporter – November 2015

Another Year, Another Dollar: California’s Minimum Wage Increase - Mark your calendars! California’s minimum wage will increase from $9 per hour to $10 per hour on January 1, 2016. ...more

Time to Review the Exempt Classification of Computer Employees?

As technology continues to expand and evolve, employers increasingly are needing the services of highly-skilled computer programmers, software engineers, systems analysts, and similar employees. Often, these employees desire...more

Corollary (and Coronary?) Ramifications Of the 2016 Minimum Wage Increase

The $10 state-wide minimum wage that hits us on January 1, 2016, will complicate things even more than the last increase. We previously reported here and here on the two-step legislation aimed to increase minimum wage...more

The DOL’s Fall 2015 Regulatory Agenda: Does it Really Shed Light on the Timing for a Final Overtime Rule?

Approximately three months after the comment period closed on the proposal from the Obama administration and U.S. Department of Labor (DOL) to revise the Part 541 overtime regulations, the DOL issued its Fall 2015 Semiannual...more

Start Preparing Now for Wage and Hour Changes on the Horizon

As we have previously reported on this blog, and as most of you are well aware, the U.S. Department of Labor has published its highly-anticipated proposed revisions to the “white collar” exemptions under the Fair Labor...more

California Court Rules That Employee’s Occasional Performance of Nonexempt Duties Does Not Negate Exempt Status.

In an unpublished opinion, Abarca v. JK Residential Services, Inc.., No. B256488 (June 26, 2015), the California Court of Appeal, Second Appellate District, recently affirmed a trial court order rejecting a residential...more

USDOL Final Revisions to White Collar Exemptions Coming in 2016

Over the next few days, I hope to provide a few updates from attending last week’s ABA Labor & Employment Law Annual Conference in Philadelphia. There were many good, substantive programs there and lots to be gleaned for...more

Proposed Overtime Regulations Will Likely Affect Your Dealership

The United States Department of Labor (USDOL) recently announced proposed revisions to some of the most commonly used exemptions to minimum wage and overtime, saying it will “extend overtime protections to roughly five...more

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