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Administrative Exemption Exempt-Employees

Fox Rothschild LLP

The Murky FLSA Administrative Exemption Gets Clarification From The First Circuit, If Such A Thing Is Possible?

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Of the three white collar exemptions, the administrative exemption is the vaguest and the hardest for an employer to prove. In an important case, the First Circuit has weighed in on when that exemption applies and held that...more

Fisher Phillips

Wage and Hour Update: Federal Appeals Court Introduces “Relational Analysis” Test for FLSA Administrative Exemption

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Employers operating in certain states should note that the 1st U.S. Circuit Court of Appeals just provided some clarity on the Fair Labor Standards Act’s (FLSA’s) administrative exemption. A federal appeals court held that...more

Bowditch & Dewey

The First Circuit Takes a Deeper Look into Employee Exemption Decisions

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On January 11, 2023, the First Circuit (the federal Court of Appeals covering MA, RI, NH, ME and Puerto Rico) issued its decision in Walsh v. Unitil Service Corp., which scrutinized an employer’s evaluation of whether its...more

Foley & Lardner LLP

Eleventh Circuit Reminds Employers – Administrative Exemption Requires More than Just Exercising Discretion Over Significant...

Foley & Lardner LLP on

A recent case decided by the United States Court of Appeals for the Eleventh Circuit (covering Alabama, Georgia, and Florida) analyzed whether property damage investigators were appropriately classified as overtime-exempt...more

Littler

Eleventh Circuit Concludes that Property Damage Investigators Do Not Fall Under FLSA’s Administrative Exemption

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In Fowler v. OSP Prevention Group, Inc., the U.S. Court of Appeals for the Eleventh Circuit relied on Department of Labor guidance to conclude that property damage investigators do not qualify for the Fair Labor Standards...more

Littler

Eleventh Circuit Holds FLSA Administrative Exemption Applies to Business Development Managers Who Drove Business to Car...

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On April 1, 2022, the U.S. Court of Appeals for the Eleventh Circuit, in Brown v. Nexus Business Solutions, LLC affirmed a district court’s decision that business development managers who solicited and sold General Motors...more

Jackson Lewis P.C.

Computer Software Employees and Physicians Overtime Exemption Rates for 2022

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For an employee to be deemed exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemption is the administrative exemption, which...more

Fox Rothschild LLP

FLSA Misclassification Case Highlights The Vagaries Of The Administrative And Professional Exemptions

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There are certain industries or fields where misclassification issues are prevalent because the nature of the duties of the workers “seems” to smack of exempt work but then there is a doubt as to whether they truly meet all...more

Seyfarth Shaw LLP

De-Muddying the Waters: WHD Addresses Exempt Status of Account Managers

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Seyfarth Synopsis: On January 8, the U.S. DOL’s Wage & Hour Division issued an opinion letter confirming the exempt status of Account Managers at a life sciences manufacturing company under the FLSA’s administrative...more

Fisher Phillips

California Financial Advisors Lacking Fixed And Predetermined Salary Not Subject To Administrative Salaried Exemption

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In California, all employees are presumed to be entitled to overtime, meal periods, and other wage-and-hour regulations unless an employer can prove that its employees “plainly and unmistakably” fall within the terms of an...more

Payne & Fears

Commission-Only Compensation Plan Fails California's Salary Basis Test

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Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily engaged...more

Jackson Lewis P.C.

Limousine Service Employee Was Properly Classified As Exempt, Second Circuit Holds

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Upholding a jury verdict in favor of the defendant “black car” (limousine service) company, the U.S. Court of Appeals for the Second Circuit concluded that the plaintiff-employee was properly classified as overtime-exempt...more

Fisher Phillips

3 Critical Wage And Hour Questions For Every Hospitality Employer

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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?

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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

Bond Schoeneck & King PLLC

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

Hinshaw & Culbertson LLP

Appealed! Overtime Rule Saga Continues

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?

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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

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...

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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

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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

Jackson Lewis P.C.

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

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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

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

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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

Adams and Reese LLP

Supreme Court Ruling Makes Mortgage Loan Officers Eligible for Overtime Pay

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Federal agencies now have the authority to interpret their own rules. On March 9, 2015, in Perez v. Mortgage Bankers Ass’n, No. 13-1041, slip op. (U.S. Mar. 9, 2015), the United States Supreme Court effectively gave...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Holds Agency Interpretations Are Not Subject To Notice-and-Comment Rulemaking Requirement

In 2004, the DOL revamped its regulations regarding the Fair Labor Standards Act (FLSA) administrative exemption. In 2006, the Bush DOL issued an opinion letter finding that mortgage loan officers qualified for the...more

Bradley Arant Boult Cummings LLP

Mortgage Loan Officers are Not Exempt Employees per the DOL and the Supreme Court Says that is Okay

The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently...more

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