Exempt-Employees, FLSA | JD Supra Law News

USDOL Still Barred From Challenging "Service Writer" Exemption

by John E. Thompson | Fisher & Phillips LLP on 4/12/2013

Readers will recall that, in April 2011, the U.S. Labor Department declined to adopt an interpretation proposed in 2008 that would have acknowledged the federal Fair Labor Standards Act overtime-exempt status of employees...more

Courts Aren't Buying USDOL's "Service Writer", "Service Advisor" Comments

by Matthew Simpson | Fisher & Phillips LLP on 2/25/2013

In April 2011, the U.S. Labor Department disavowed its 24-year-long acknowledgment that the federal Fair Labor Standards Act's Section 13(b)(10)(A) overtime exemption applies to automobile-dealership employees doing the...more

Inside Sales Exemption Poorly Understood by Many Employers

by Hopkins & Carley on 2/11/2013

Over the past decade, employers have faced a continuing stream of claims alleging that employees have been misclassified as exempt from overtime compensation rules, as well as state laws regarding meal periods and rest...more

Dept. of Labor Wage & Hour Enforcement to Focus on Shale Employers

by Carl Hellerstedt, Jr. | Spilman Thomas & Battle, PLLC on 1/31/2013

The U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) announced in December of 2012 the recovery of $187,165 of wages for 69 employees as part of its multi-year ongoing enforcement initiative focused on vendors...more

Rite Aid Settles Class Action Overtime Lawsuit For $20.9 Million

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

Retail employers should take note that improperly classifying employees and failing to pay overtime wages can lead to significant employer liability. A federal judge on January 7, 2013, approved a $20.9 million dollar...more

Exempt or Non-Exempt? The Ten Most Common Employee Classification Pitfalls Faced by Nonprofits

by Daniel Chammas, Nicholas Reiter, Jeffrey S. Tenenbaum | Venable LLP on 1/8/2013

In this presentation: - How to find and fix common misclassification errors - Common exemptions from the FLSA – Independent contractors – Commissioned salespersons – Seasonal employees – Computer...more

Applying Wage and Hour Laws to the 21st Century Series: Concerns Involving Exempt Employees

by Cynthia A. Bremer, Charles McDonald, III | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2013

In this, our final post in this blog series on wage and hour issues in the 21st century, we address another frequent area of concern for employers: exempt employees....more

Santa and the FLSA

by Natalie F. Hrubos | Duane Morris LLP on 12/19/2012

Delivering presents to the well-behaved children all over the world in a single night is hard work. Sure, Santa Claus makes it look easy with his jolly disposition, magical sleigh and team of nine flying reindeer. But does...more

Supreme Court’s Rx for Pharmaceutical Industry

by Margaret Carroll Alli | Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/9/2012

For the past decade, employers have been frustrated by what they describe as a moving target when it comes to properly classifying employees as either exempt (and thus not eligible for overtime) or non-exempt (and thus...more

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Exempt-Employees › FLSA