Tag Archives: Exemption

Family Dollar Settles Store Manager Overtime Claim

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 York store managers claimed that the Company failed to pay them overtime.  Although the agreement … Continue Reading

Are Summer Camp Staff Exempt? [Lesser Known Exemptions]

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 contains a number of less well-known exemptions covering specific establishments or industries. In this post, … Continue Reading

Court Rejects Challenge to DOL's Interpretation That Mortgage Loan Officers are Non-exempt

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 mortgage loan officers do not generally meet the administrative exemption under the FLSA.   As previously … Continue Reading

Pharmaceutical Sales Representatives Found to be Exempt by Seventh Circuit

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 sales representatives were exempt.  Because the Court found that the sales representatives met the administrative … Continue Reading

Recent Settlements Agreeing to Pay Overtime for Misclassification of Employees

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 things in this area and monitoring classification compliance is pretty low on the to-do list.  … Continue Reading

More Store Managers Found to Meet Executive Exemption

On April 3, 2012, a federal district court in South Carolina determined that two Dollar General store managers met the executive exemption from overtime pay under the FLSA.  Gooden v. Dolgencorp and Thomas v. Dolgencorp.  Granting summary judgment to Dolgencorp, the court held that Gooden’s and Thomas’s primary duties were managerial in nature based upon … Continue Reading

Ten Things Small Business Needs To Know About Minimum Wage and Overtime

I read the stories every day: some small business, often a local restaurant or a similar “mom and pop” operation, gets sued or tagged by the Department of Labor for failing to pay minimum wages and overtime to employees. Here’s just one example.  I have worked with a fair number of small and midsize businesses. … Continue Reading

Do I Have To Pay An Exempt Employee Who Answers E-Mail Or Phone Calls While On FMLA Leave? [Wage & Hour FAQ]

Q. A salaried, exempt employee who recently returned from a week of unpaid FMLA leave claims that he is entitled to be paid his full salary for entire week because he responded to a number of work-related e-mails and telephone calls while he was out. Do we have to pay? A. Wage and hour law is … Continue Reading

Can We Suspend An Exempt Employee Without Pay? [Wage & Hour FAQ]

Q. One of our salaried exempt employees appears to have violated our sexual harassment policy. We would like to suspend him without pay for 3 days. Is this allowed under the FLSA? A. Maybe, but check your state’s laws as well.  With a few specific exceptions, employees whose duties qualify them as executive, administrative and … Continue Reading

"Right to Know" Rule Not Likely in 2012

For roughly the last two years, the U.S. Department of Labor has been contemplating (some would say “threatening”) revisions to the recordkeeping regulations under the Fair Labor Standards Act that would require an employer who classifies an employee as exempt to prepare a written justification of the basis for the exemption. This document would have … Continue Reading

Pharmaceutical Sales Representative Case Goes to Supreme Court

In a previous post in August, I questioned whether the pharmaceutical companies were losing the exemption battle as it related to pharmaceutical sales representatives and the outside sales exemption.  The Supreme Court had declined to review the Second Circuit’s Novartis holding that pharmaceutical sales representatives do not qualify for the outside sales exemption because they do not … Continue Reading

Exempt Employees, Paid Leave, and Partial Day Absences [Webinar Q&A]

Another in our series of answers to questions from our September 28 webinar on wage and hour law in higher education: Q. If an exempt employee only works a half day, i.e. they go home sick at noon, and they have both sick and vacation leave available, can we require that they use four hours of leave … Continue Reading

Can An Employer Pay An Exempt Employee Extra Compensation? [Wage & Hour FAQ]

Q.        My Company anticipates embarking on a big project this fall that will have extreme importance to the Company’s future and require extra hours at the office.  The Company wants to give a little extra pay to employees who work on this important project.  A number of these employees are classified as exempt.  May the Company … Continue Reading

Are Pharmaceutical Companies Losing the Exemption Battle?

Recently, another group of pharmaceutical sales representatives successfully demonstrated that they are not exempt from overtime under the FLSA.  Kuzinski, et al., v. Schering Corp  Focusing on the administrative exemption, the District Court of Connecticut held that the sales representatives’ work was not directly related to Schering’s management or general business operations and they lacked … Continue Reading
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