What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more
The employer must prove the applicability of an exemption from overtime under the Fair Labor Standards Act (FLSA) with “clear and convincing” evidence, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit...more
It is well-known that California law is often more strict than federal law. Just as California handles overtime differently than the federal Fair Labor Standards Act (FLSA), California law also treats aspects of overtime...more
Q: Are outside sales employees considered exempt under the outside sales exemption (OSE) if they work from a home office during the pandemic? ...more
COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees...more
While the COVID-19 pandemic remains a challenge to employers nationwide, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) continues to field non-COVID-related wage and hour questions. ...more
Seyfarth Synopsis: Two recent Department of Labor Opinion Letters addressing the FLSA’s outside sales exemption provide helpful guidance and flexibility to employers with unique business models....more