News & Analysis as of

White-Collar Exemptions Over-Time Administrative Exemption

Jackson Lewis P.C.

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

Jackson Lewis P.C. on

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

McGlinchey Stafford

5th Circuit Clarifies Highly Compensated Employee Exemption

McGlinchey Stafford on

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

Parker Poe Adams & Bernstein LLP

Administrative Exemption under FLSA Excludes Revenue-Generating Positions

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

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

Jaburg Wilk

Are You Owed Overtime Wages?

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

Dorsey & Whitney LLP

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

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

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

Smith Anderson

Are Your Administrative Employees Really Exempt From Overtime Pay?

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

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