On September 12, 2012, Family Dollar announced that it will pay up to $14 million to settle a class action in the Southern District of New York. Similar to other class actions filed against Family Dollar over the years, New […]
Most regular readers of this blog will be familiar with the most common exemptions to the overtime requirements of the Fair Labor Standards Act, those being the “white collar” exemptions for executive, administrative, and professional employees. However, the FLSA also […]
This morning the U.S. Supreme Court ruled 5-4 that pharmaceutical representatives are “outside salesmen” exempt from the overtime requirements of the Fair Labor Standards Act. Christopher v. Smithkline Beecham Corp. (.pdf). This has been a hotly-contested issue in the courts […]
I wanted to give our readers a quick update on the status of mortgage loan officers. In Mortgage Bankers Ass’n v. Solis, a federal district court in Washington D.C. recently rejected a challenge to the March 2010 DOL administrator’s interpretation that […]
Q. Our employees consider themselves “professionals” and don’t want to be treated as hourly workers. If our employees agree to it, can we still treat them as “exempt” even if they don’t meet all of the requirements under the FLSA […]
The Seventh Circuit recently weighed in on whether pharmaceutical sales representatives are exempt under the FLSA in Susan Schaeffer-LaRose v. Eli Lilly & Company. In this consolidated case, the Seventh Circuit focused on the administrative exemption in determining that the […]
Misclassification of employees continues to bring a lot of headaches to employers. I have worked with a wide variety of businesses on this issue – from Fortune 500 to “mom and pop” companies. Each has its own way of doing […]
As we have discussed before, to be considered an exempt executive, administrative, or professional employee, most employees must be paid on a “salary basis,” meaning that they receive a fixed salary for each workweek regardless of the number of hours […]
