Wage & Hour Litigation Blog

Category Archives: Misclassification/Exemptions

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Advising On Their Own: Financial Advisors’ Class Claims Defeated

Posted in Conditional Certification, Misclassification/Exemptions, Overtime, Rule 23 Certification, State Laws/Claims

Authored by Hillary J. Massey

Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class certification of such claims because the plaintiffs failed to show that common issues predominated. The court, pointing to other decisions denying … Continue Reading

Gawker Victory Against Unpaid Interns Provides Helpful Roadmap

Posted in Misclassification/Exemptions

Co-authored by Rob Whitman, Adam Smiley, and Nadia Bandukda

A federal judge has sided with Gawker in the media company’s legal battle with a former unpaid intern who claimed that he should have been compensated as an employee. On March 29th, Judge Alison Nathan in the Southern District of New York granted Gawker’s motion for summary judgment and … Continue Reading

Classifying a Loan Underwriter as Exempt Is a Risk Worth Taking, Says Sixth Circuit

Posted in Misclassification/Exemptions

Co-authored by Noah A. Finkel and Abad Lopez

The demise of bank loan underwriters’ exempt status has been greatly exaggerated—at least according to a recent Sixth Circuit decision upholding the dismissal of a putative collective action against Huntington Bank. The court disagreed with underwriters who alleged that they were improperly classified as exempt and thereby wrongfully denied overtime pay. Instead, … Continue Reading

Closure For Second Circuit Intern Case, But Risks Persist Nationally

Posted in Misclassification/Exemptions

Co-authored by Robert Whitman and Adam Smiley

Spring is around the corner, with summer not far behind, so thoughts naturally turn to the obvious topic: internships.

Although the volume of new lawsuits by unpaid interns challenging their status has abated significantly since the Second Circuit issued its decision in July 2015 announcing a new legal standard and rejecting the Department … Continue Reading

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