Wage and Hour, White-Collar Exemptions, Administrative Exemption

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

Jackson Lewis P.C. on 7/28/2025

A recent decision by the U.S. Court of Appeals for the Fifth Circuit clarifies how courts should apply the Fair Labor Standards Act’s (FLSA’s) highly compensated employee (HCE) exemption and distinguishes the exemption from...more

5th Circuit Clarifies Highly Compensated Employee Exemption

McGlinchey Stafford on 7/18/2025

The highly compensated employee (HCE) exemption under the Fair Labor Standards Act (FLSA) is one of the most complex exemptions in employment law. In the recent case of Gilchrist, et. al. v. Schlumberger Technology Corp.(5th...more

Administrative Exemption under FLSA Excludes Revenue-Generating Positions

Parker Poe Adams & Bernstein LLP on 9/22/2023

When we review an employer’s overtime exemption classifications for various jobs, we frequently raise questions over whether employees qualify as exempt administrative workers under the Fair Labor Standards Act. Many...more

What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unawares!

Fox Rothschild LLP on 9/15/2023

As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions to more than $1000 per week. Although that will...more

The Quagmire Of The Administrative Exemption: The Saga Of White Collar Production Workers

Fox Rothschild LLP on 1/30/2023

Of the three so-called white collar exemptions, the administrative is the grayest and the most difficult for an employer to prove. This is because such a worker does not usually supervise anyone, which eliminates the...more

An Employee Not Actually Engaged in the Company’s Core Function—its Primary Revenue Generator—Can Be Administrative Exempt

Seyfarth Shaw LLP on 2/11/2020

Seyfarth Synopsis: In a clarification of the administrative/production dichotomy, the U.S. Circuit Court of Appeals for the Seventh Circuit has held that whether a duty is exempt under the FLSA’s administrative exemption may...more

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

Blank Rome LLP on 7/6/2018

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

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

Bond Schoeneck & King PLLC on 12/20/2017

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

Are You Owed Overtime Wages?

Jaburg Wilk on 10/18/2017

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

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

Dorsey & Whitney LLP on 8/25/2017

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

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

Parker Poe Adams & Bernstein LLP on 8/4/2017

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

Sixth Circuit Says Residential Loan Underwriters Are Exempt From Overtime Requirements

Parker Poe Adams & Bernstein LLP on 3/22/2016

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

Sixth Circuit: Loan Underwriters Not Entitled to Overtime Pay

Proskauer - Law and the Workplace on 3/4/2016

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

Are Your Administrative Employees Really Exempt From Overtime Pay?

Smith Anderson on 1/8/2016

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

Wage and Hour › White-Collar Exemptions › Administrative Exemption

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