News & Analysis as of

Administrative Exemption

Fisher Phillips

3 Critical Wage And Hour Questions For Every Hospitality Employer

by Fisher Phillips on

The hospitality industry is an increasingly popular target for enforcement actions by government agencies, not to mention lawsuits by plaintiffs’ attorneys. To help avoid three common wage and hour issues that come up too...more

Blank Rome LLP

PA Raising Salary Threshold for White Collar Exemptions—Déjà Vu All Over Again … or Worse?

by Blank Rome LLP on

Here we go again, Pennsylvania employers, but this time on the local front, rather than nationally. Following up on Governor Wolf’s announcement in January that Pennsylvania needed to “modernize” its outdated wage and hour...more

Mitchell Silberberg & Knupp LLP

Wage and Hour Law

A. Federal Court Decisions - 1.No Administrative Exemption for Mortgage Underwriters - In McKeen-Chaplin v. Provident Sav. Bank, 862 F.3d 847 (9th Cir. 2017), the Ninth Circuit reversed the district court’s holding that...more

Fox Rothschild LLP

Renaissance Of USDOL Opinion Letters Is An Encouraging Development

by Fox Rothschild LLP on

I have often blogged about the usefulness of USDOL (or any DOL) Opinion Letters and I have lamented that this procedure was stopped under President Obama. I hailed that the new Secretary of Labor was going back to it. Well,...more

Dickinson Wright

Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration

by Dickinson Wright on

In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is...more

Bond Schoeneck & King PLLC

Reminder: New York Minimum Wage Rates and Salary Thresholds for the Executive and Administrative Exemptions Will Increase on...

by Bond Schoeneck & King PLLC on

Although the minimum wage rate under the Fair Labor Standards Act remains $7.25 per hour and the U.S. Department of Labor’s efforts to raise the minimum salary to qualify for a white-collar exemption under federal law have...more

Jackson Lewis P.C.

Staffing Firms Benefit From Sixth Circuit Administrative Exemption Ruling

by Jackson Lewis P.C. on

Staffing firms may have something extra to be thankful for this holiday season: Finding that certain account managers exercised discretion and independent judgment when matching candidates with temporary positions, the Sixth...more

Hinshaw & Culbertson LLP

Appealed! Overtime Rule Saga Continues

by Hinshaw & Culbertson LLP on

On October 30, 2017, the Department of Labor (DOL) indicated that it intends to appeal to the Fifth Circuit a federal district court ruling from 2016 that invalidated Obama-era overtime changes....more

Jaburg Wilk

Are You Owed Overtime Wages?

by Jaburg Wilk on

The Fair Labor Standards Act (FLSA) requires covered employers to pay all non-exempt employees the federal minimum wage. It also requires covered employers to pay non-exempt employees 1.5 times their regular rate for any...more

Fox Rothschild LLP

Bank Files Cert Petition To US Supreme Court On Administrative Exemption: The Neverendng Story

by Fox Rothschild LLP on

There have been so many cases involving employees in the financial services industries and their exempt status or lack thereof. In another variation on this theme, Provident Savings Bank is seeking review by the US Supreme...more

Seyfarth Shaw LLP

A Glimmer Of Hope: The Supreme Court Now Has A Chance To Resolve A Circuit Split And Pronounce That Mortgage Underwriters Qualify...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As previously discussed in this space, the Ninth Circuit recently chose to side with the Second Circuit, and not the Sixth Circuit, and ruled that mortgage underwriters fail to meet the FLSA’s...more

Dorsey & Whitney LLP

Exempt or Non-Exempt Employee Under U.S. Law? Even U.S. Employers Frequently Get it Wrong

by Dorsey & Whitney LLP on

In the United States, employers are required to pay employees overtime (1.5 times the employee’s hourly rate) for hours worked over 40 per week. In some states, such as California, employers are required to pay overtime if...more

Seyfarth Shaw LLP

It’s a Strange New World in California for the Administrative Exemption

by Seyfarth Shaw LLP on

Seyfarth Synopsis: By resurrecting reliance on the administrative/production dichotomy in FLSA administrative exemption cases, the Ninth Circuit is at odds with the California Supreme Court’s application of the state’s...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Says Mortgage Underwriters are Production Workers Not Eligible for Overtime Exemption

The financial services industry has been a prime target for class and collective action claims for overtime under the Fair Labor Standards Act (FLSA) and related state laws. For decades, banks and related institutions...more

Seyfarth Shaw LLP

Making A Mountain Of The Administrative/Production Dichotomy Molehill

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Earlier this month, the Ninth Circuit chose to side with the Second Circuit, and not the Sixth Circuit, to opine that mortgage underwriters fail to meet the FLSA’s administrative exemption from overtime...more

Jackson Lewis P.C.

Context Matters: Mortgage Underwriters Don’t Meet FLSA’s Administrative Exemption, Ninth Circuit Concludes

by Jackson Lewis P.C. on

Mortgage underwriters do not qualify for the Fair Labor Standards Act’s administrative exemption because they are more appropriately characterized as “production” employees, according to the U.S. Court of Appeals for the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Labor Department Redefines ‘Fiduciary’ for ERISA and Internal Revenue Code Purposes"

On April 6, 2016, the Department of Labor (DOL) issued a widely anticipated final regulation that redefines who is a “fiduciary” of certain employee benefit and other plans for purposes of the Employee Retirement Income...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Residential Loan Underwriters Are Exempt From Overtime Requirements

Earlier this month, financial companies won a victory in the long-standing battle over whether employees involved in mortgage originations and approvals are exempt from the overtime requirements of the Fair Labor Standards...more

Proskauer - Law and the Workplace

Sixth Circuit: Loan Underwriters Not Entitled to Overtime Pay

On March 2, 2016, the U.S. Court of Appeals for the Sixth Circuit held that residential loan underwriters of Huntington National Bank are administrative employees under the FLSA and therefore not entitled to overtime pay. ...more

Proskauer - Law and the Workplace

Financial Advisors Not Entitled To Overtime, California Court Confirms

In its February 16, 2017 decision in Tsyn v. Wells Fargo Advisors, LLC, Case No. 14-cv-02552-LB, the federal district court for the Northern District of California confirmed that licensed financial advisors qualified for the...more

Seyfarth Shaw LLP

FLSA Administrative Exemption – It Is Not What You Think It Is

by Seyfarth Shaw LLP on

The number one class action lawsuit for several years running is FLSA claims for overtime pay. The lawsuits can be based on inaccurately recorded or calculated work hours, work hours before “going on the clock” or after...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Insurance Investigators Do Not Qualify for Overtime Exemption

Property and liability insurance carriers typically employ inspectors whose jobs involve investigations in support of their claims adjustment functions. Last month, the Fourth Circuit Court of Appeals (which includes North...more

Smith Anderson

Are Your Administrative Employees Really Exempt From Overtime Pay?

by Smith Anderson on

On December 23, 2015, the Fourth Circuit Court of Appeals ruled that insurance investigators who work in a special investigative unit of GEICO’s claims department do not come within the administrative exemption under the...more

Spilman Thomas & Battle, PLLC

Department of Labor Makes Its Move

With just more than a year left in this administration, the U.S. Department of Labor (“DOL” or “Department”) has rolled out two major initiatives that promise to keep employers busy ensuring they are in compliance. First, in...more

Seyfarth Shaw LLP

No Wishes Granted for Aladdin—Class Cert Denied

by Seyfarth Shaw LLP on

In the Central District of California—often known as a magical kingdom for plaintiffs in wage-hour lawsuits—Judge Fernando Olguin brought everyone back to reality by denying class certification. Plaintiff Aladdin Zackaria...more

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