Applying the Administrative Exemption under the FLSA
Posted on July 12, 2017
the situation One of the requirements of the administrative exemption of the FLSA is that an employee must have as his or her primary duty “office or non-manual work related to the management or general business operations of the employer or the employer’s customers.” So what exactly does this mean? Do mortgage underwriters meet […]
In Case You Haven’t Already Heard…The New Overtime Rule is Here
Posted on May 18, 2016
We have all been anxiously awaiting the publication of the Department of Labor’s Final Rule updating the overtime regulations since the issuance of the Notice of Proposed Rulemaking back in July of 2015. The wait is now over. So what do you need to know about the Final Rule?
Big changes in overtime proposed
Posted on July 6, 2015
Earlier this week, the Department of Labor announced a proposed rule that will greatly expand overtime protections. One of the significant changes is that the white collar exemptions will no longer be applicable to a large group of salaried employees–those making less than $50,440 on an annual basis.
Court Refuses to Approve Settlement of FLSA Collective Action
Posted on January 16, 2015
One of the unique features of a FLSA action is that any settlement must be approved by the court. At times, this can prove challenging for parties who must not only figure out how to satisfy one another, but how to make sure the court can also get on board with the settlement. In a […]
The Fluctuating Workweek—A Working Option?
Posted on September 12, 2014
The general rule under the Fair Labor Standards Act (“FLSA”) is that non-exempt employees have to be paid for overtime at a rate of one and a half times their regular rate of pay. However, there is another option available to employers—the fluctuating workweek method, sometimes called the halftime method. If the fluctuating workweek model […]
Audit Associates Properly Classified as Exempt Under FLSA
Posted on September 5, 2014
The Second Circuit Court of Appeals affirmed the district court’s award of summary judgment to KPMG LLP in the case of Pippins v. KPMG LLP, No. 13-889 (2d Cir. July 22, 2014), agreeing that because the plaintiffs were employed as accountants in a field of advanced science and learning, deployed knowledge customarily acquired by a […]