Exempt-Employees

IRS Worker Classification – What Is The Common Law Test?

by David Gair | Looper Reed & McGraw, P.C. on 4/29/2013

A common mistake for new business owners is how it classifies its workers. Many people think you can just elect to treat people as independent contractors and thus avoid the cost and headache associated with having...more

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

New Jersey DOL Clarifies Overtime Exemption For Employees Of Common Carriers Of Passengers By Motor Bus

by Mark Diana, Evan J. Shenkman, Allyson M. Smith | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/8/2013

Under current state law, employees of a common carrier of passengers by motor bus are exempt from overtime. N.J.S.A. 34:11-56a4. However, the term “common carrier of passengers by motor bus” was never defined in the...more

Labor Letter - April 2013: Count The Cost Before Waging The War

by Richard Meneghello | Fisher & Phillips LLP on 4/3/2013

When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous...more

Employment Flash - February 2013

by Skadden, Arps, Slate, Meagher & Flom LLP on 2/26/2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...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

Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes

by Jason Guyser, Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims...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

Labor & Employment Law Update - January 2013 : New Year Employer Checklist

by Jeffrey Bell, Andrew Cripe, Jay Dade, Bradley Kafka, William P. Sweeney | Polsinelli on 1/17/2013

In This Issue: - New Health Care Mandates - I-9's for Immigration in 2013 - A Policies and Procedures Review - Classifying Employees as Exempt or Non-Exempt? - Awareness of National Labor Relations Board...more

California’s Wage Orders: Landmines and Goldmines

by Tiffany Brosnan | Snell & Wilmer L.L.P. on 1/11/2013

Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13). All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages...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

New California Law Affects Commission-Paid Employees

by Fisher & Phillips LLP on 12/17/2012

Beginning January 1, 2013, a new California law requires that employees who are paid on commission must be provided a written contract which sets forth the method by which the commission shall be computed and paid. This new...more

Computer Software Workers to Earn More in 2013

by Kelly Scott | Ervin Cohen & Jessup LLP on 11/20/2012

California’s Department of Industrial Relations has announced increases to the minimum pay required for computer software employees to maintain their status as exempt from overtime (assuming other exemption requirements are...more

And the Rich Get Richer

by Kelly Scott | Ervin Cohen & Jessup LLP on 11/20/2012

Catchy title, right? In this case, however, it isn’t necessarily true since we are talking about computer software employees and physician employees and not Bill Gates. Nevertheless, California’s Department of Industrial...more

A Full Day’s Pay for Partial Day’s Work?

by Kelly Scott | Ervin Cohen & Jessup LLP on 10/29/2012

Many of you wonderful people have asked me for information regarding deductions from employees who are exempt from overtime for partial or full day absences. Keep in mind that an employee will be considered to be paid on a...more

Key Issues to Evaluate When Conducting an Internal Wage and Hour Audit

by Kevin P. Hishta, Alfred B. Robinson, Jr. | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/8/2012

In our last blog post in this series on the “Anatomy of a DOL Audit,” we discussed tips for conducting an effective internal wage and hour audit. Now we consider some key issues to evaluate during that process....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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