News & Analysis as of

Salespersons Non-Exempt Employees Fair Labor Standards Act (FLSA)

Parker Poe Adams & Bernstein LLP

First Circuit Reminds Employers That Inside Sales Positions Are Non-Exempt

We frequently encounter situations where employers classify their salesforce that primarily sells through telephone and internet means as salaried exempt employees, primarily for purposes of overtime and minimum wage payment...more

Fox Rothschild LLP

Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers...

Fox Rothschild LLP on

Another administrative exemption case, this time in the trucking industry, tests the contours of that vague, nuanced exemption and to what occupations it applies. In this case, a group of Logistics Coordinators contend they...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Seyfarth Shaw LLP

Encino Motorcars, LLC v. Navarro: SCOTUS Puts The Brakes On Faulty FLSA Construction Language

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers seeking to show that they correctly have classified an employee as exempt from the FLSA’s overtime requirements often have faced hostility from courts under the misimpression that FLSA exemptions...more

Zuckerman Spaeder LLP

Sales Representative Who Was Paid $900,000 Can Still Claim Violation of Overtime Law, Says Federal Court

Zuckerman Spaeder LLP on

Under federal law, employers must pay employees time-and-a-half if they work over 40 hours in a workweek, unless the employees are exempt from the overtime law. Employers don’t usually think of an employee who takes home...more

Tonkon Torp LLP

Service Advisors at Auto Dealerships Not Exempt, Says the Ninth Circuit

Tonkon Torp LLP on

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from...more

Foley & Lardner LLP

SCOTUS Sends Auto Workers Back to Circuit Court for Overtime Regulation “Repairs”

Foley & Lardner LLP on

You may not even know the technical name for workers at the local car dealership who diagnose what is wrong with your vehicle and tell you how it can be repaired. They are called auto service advisors, and whether they are...more

Seyfarth Shaw LLP

How Insurance Industry Employers Can Navigate the New White-Collar Overtime Rules: Turning Legal Challenge Into Business...

Seyfarth Shaw LLP on

As most insurance industry employers are probably aware by now, the Department of Labor has proposed revisions to its regulations that seek to further limit the instances in which certain employees may qualify as exempt from...more

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