Co-authored by Cheryl Luce, Kyla Miller, and Noah Finkel
Seyfarth Synopsis: A recent decision highlights why the FLSA is not always the remedial statute created to protect low-income workers by holding that four commission-based sales representatives, each earning six figures, were not exempt from the overtime requirements because they were not paid on a salary basis.
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 Nothing New for Doc Review: Federal Court Rules That Doc Review Attorney, Like Other Practicing Lawyers, is Exempt
Authored by Alex Passantino
On Thursday, the Department of Labor will publish in the Federal Register a notice announcing a limited duration non-enforcement policy regarding the Wage & Hour Division’s companionship services regulation. The final rule was published more than a year ago and has an effective date of January 1, 2015.
The operational challenges faced by employers as a
Continue Reading DOL Ties Its Own Hands—and Only Its Own Hands—on Companionship Services
Authored by Kevin Young
On Monday, a federal judge in New York dismissed a proposed FLSA collective action filed by an hourly temp attorney on the grounds that the temp was exempt from the FLSA’s overtime requirements. In a decision that might not sit well with basketball star Allen Iverson, who once chided the media for “talking about practice
Continue Reading We’re Talking About Practice: Court Finds Document-Reviewing Temp Attorney is Engaged in Practice of Law and Therefore Exempt
Authored by Alex Passantino
Earlier this week, Senator Harkin, along with eight Democrat co-sponsors, introduced the “Restoring Overtime Pay for Working Americans Act.” If it became law—a prospect that at this time appears highly unlikely—this proposal would increase the salary level required to qualify for the FLSA’s white collar exemptions from the current $455 per week to $1,090
Continue Reading Disrespecting the Secretary’s Authority? Senate Bill Would De-Authorize Labor Department’s Ability to Set Salary Level and Primary Duty Standard under FLSA Exemptions