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 […]
Do Hours Worked On A Second Job Count Toward Overtime?
June 18, 2012
Q. An employee works for the company full-time, 7.5 hours per day, 5 days per week, at $20 per hour. To make ends meet, the employee also voluntarily works a different part-time job for the company on Saturdays, usually working […]
Court Rejects Challenge to DOL’s Interpretation That Mortgage Loan Officers are Non-exempt
June 11, 2012
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 […]
On June 4, the U.S. Department of Labor Wage and Hour Division announced that a San Antonio-based car wash company has paid $246,438 in back wages to 308 employees following a DOL investigation. Among other things, the DOL found that the […]
Can Employees Agree to Be Exempt? [Wage & Hour FAQs]
May 30, 2012
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 […]
Paying On a “Salary Basis” Requires Actual Payments
April 26, 2012
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 […]