Wage & Hour Litigation Blog

Category Archives: Misclassification/Exemptions

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Meowing Dogs and Barking Cats: Supreme Court’s Grant of Cert on Exempt Status of Automobile Service Advisors May Result in Reminder that Exemptions Are Functional and Flexible

Posted in Misclassification/Exemptions

Co-authored by Kara Goodwin and Noah Finkel

The U.S. Supreme Court recently agreed to resolve the question of whether “service advisors” at car dealerships—workers whose primary job responsibilities involve identifying service needs and selling service solutions to the dealership’s customers—are exempt from the Fair Labor Standard Act’s (“FLSA”) overtime pay requirements. Although the case involves a somewhat-discrete exemption that has … Continue Reading

Second Circuit Leaves Interns in the Cold—Again

Posted in Misclassification/Exemptions

Co-authored by Robert Whitman and Adam Smiley

While most New Yorkers rode out last weekend’s blizzard by binge watching television or enjoying playoff football, three Second Circuit judges apparently spent their time more productively, as the court on Monday issued an amended decision in its landmark ruling from last summer on unpaid internships.

As we have previously reported, the … Continue Reading

Nothing New for Doc Review: Federal Court Rules That Doc Review Attorney, Like Other Practicing Lawyers, is Exempt

Posted in Misclassification/Exemptions

Co-authored by Kat Jugo and Kevin Young

The lawyers in our readership are quite familiar with the fact that, as a general matter, practicing attorneys are not entitled to overtime pay under the FLSA. But does that exempt status change when an attorney is retained only to review and flag documents? No it does not, per a decision issued last … Continue Reading

Signs of (American United) Life for Independent Contractor Status in Massachusetts

Posted in Independent Contractors, Misclassification/Exemptions, State Laws/Claims

Authored by Patrick Bannon and Anne Bider

Independent contractor misclassification claims have become an epidemic — nationally and especially in Massachusetts.  Under most tests for independent contractor status, whether an individual’s services are within the usual course of the business of the company for which they are performed is an important factor.  Under Massachusetts’ Independent Contractor Statute it is an … Continue Reading

I’m Dreaming of a White Collar: 2015 Year in Review

Posted in Arbitration Agreements, City/Local Ordinances, Conditional Certification, Damages, Decertification, Defenses, Discovery, DOL Enforcement, Executive Orders, Hybrid Lawsuits, Independent Contractors, Joint Employment, Jurisdiction, Meal/Rest Breaks, Misclassification/Exemptions, Off-the-Clock Issues, Offer of Judgment, Overtime, Regular Rate, Rule 23 Certification, Salary Basis, Service Charges/Gratuities, Settlement, State Laws/Claims, Uncategorized

Authored by Alex Passantino

‘Twas the week before Christmas, 2-0-1-5 When the poetry elves on the blog came alive. Crafting their rhymes with a purpose so clear: Presenting the wage-hour gems of the year.

In January, for new regs in this year our breath bated. Then for six painful months, we speculated and waited. And just as … Continue Reading

Time to Review the Exempt Classification of Computer Employees?

Posted in Misclassification/Exemptions

Authored by Kerry Friedrichs

As technology continues to expand and evolve, employers increasingly are needing the services of highly-skilled computer programmers, software engineers, systems analysts, and similar employees. Often, these employees desire flexibility and autonomy in their work schedules. Fortunately, the FLSA and California law enable employers to offer flexibility to these employees, as they both provide a complete minimum … Continue Reading

Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager is Exempt

Posted in Misclassification/Exemptions

Co-authored by Katy Smallwood and Kevin Young

Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously supervising and directing subordinates, plaintiffs’ attorneys routinely argue that the most relied upon overtime exemption in this area—the executive exemption—is … Continue Reading

DOL’s New Companionship Exemption to Take Effect on October 13

Posted in Misclassification/Exemptions, Overtime

Authored by Gena B. Usenheimer

As we previously reported, this past August, the D.C. Circuit Court of Appeals upheld the Department of Labor’s Final Rule imposing sweeping changes to the former companionship exemption under the Fair Labor Standards Act. The group of home care associations that challenged the scope of the new regulations in court recently asked the U.S. … Continue Reading

How Proxy Data and Pilot Studies Can Help Employers Prepare for the DOL’s New Proposed Overtime Rules

Posted in Misclassification/Exemptions

Co-authored by Brett C. Bartlett, Katherine M. Smallwood, and Michael DuMond & Bo Shippen of Economists Incorporated

The U.S. Department of Labor’s Wage & Hour Division recently announced its proposal to amend 29 C.F.R. Part 541, containing the “white collar” exemption for executive, administrative, and professional employees. The Division’s proposal would dramatically increase the salary levels required for … Continue Reading

Another Blow to DOL Position on Internships

Posted in DOL Enforcement, Misclassification/Exemptions

Co-authored by Robert Whitman and Meredith-Anne Kurz

Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern whether interns were properly classified as such or should have been treated as full-fledged … Continue Reading