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Report Link Exempt or Non-Exempt? The Answer Isn't Always Easy.Fisher & Phillips, LLP - August 05, 2008 Since 2001, the Labor Department's Wage and Hour Division has recovered over $1.25 billion in back wages. That's not a typo. Last year alone, the Department recovered $220,613,703 in back wages, a record, which represented a nearly 70% increase in back wage recovery since 2001. Report Link Sample Safe Harbor Policy for FLSA Compliance.Jackson Lewis LLP - June 12, 2008 The U.S. Department of Labor's rules on the "white collar" exemptions from federal overtime and minimum wage requirements under the Fair Labor Standards Act provide a "safe harbor" that may preserve an employee's exempt status in the event impermissible deductions are made. Report Link Education Labor Letter: A Primer on the "Salary Basis" for Schools.Fisher & Phillips, LLP - May 06, 2008 Anyone who has ever undertaken the task of analyzing the applicability and implications of "white collar" exemptions under the federal Fair Labor Standards Act (FLSA) knows that it usually requires a multi-tiered, multi-page flow chart, not to mention a great deal of patience. But there is some good news for schools: the exemption analysis for teachers is less complicated because there is no requirement to the meet the "salary basis" test under the FLSA. Report Link Pro-Ration of Minimum Salary for Part-Time Exempt Employees Disallowed.Barker Olmsted & Barnier - April 15, 2008 The U.S. Department of Labor recently issued an opinion letter on the topic of pro-rated salaries for exempt employees. Report Link When Do Managers, Assistant Managers and Supervisors Qualify as Exempt.Fisher & Phillips, LLP - March 14, 2008 We wish there were an easy and certain answer to the above question, but the reality is that court decisions in this area differ in both analysis and results even given similar factual scenarios. For some time now we have been talking about the huge increase in overtime cases and other actions being filed under the Fair Labor Standards Act (FLSA) and similar state wage and hour laws. No area of employment litigation has been more active recently than wage and hour litigation. In 2007 the steep increase in FLSA lawsuits filed continued as did payouts, collectively totaling over a billion dollars. Report Link Misclassifying A Chef Can Cook Up Trouble.Fisher & Phillips, LLP - December 06, 2007 The number of wage-hour claims has skyrocketed in recent years. As a result, a hospitality employers are more likely than ever before to be the target of a wage-hour lawsuit or a government compliance audit. One thing this means is that industry employers should be sure they have correctly classified everyone they treat as being exempt from the federal Fair Labor Standards Act’s minimum-wage, overtime, and timekeeping requirements. Report Link Applying the Brakes to a Proposed Increase in Drive Time.Elarbee, Thompson, Sapp & Wilson, LLP. - September 28, 2007 The D.C. Court of Appeals recently rejected the Federal Motor Carrier Safety Administration’s (“FMCSA”) 11-hour limitation on commercial driving time and an FMCSA regulation granting commercial drivers a clean time slate (or restart) after being off duty for 34 consecutive hours. Report Link Update: DOL To Begin Enforcing Narrowed Motor-Carrier Exemption.Fisher & Phillips, LLP - August 03, 2007 We previously reported that under-the-radar Congressional action in 2005 substantially limited the federal Fair Labor Standards Act's Section 13(b)(1) "motor carrier" overtime exemption. This exemption applies to drivers, driver's helpers, loaders, and mechanics for whom the U.S. Transportation Secretary can set qualifications and maximum service hours. Report Link FLSA Status of "Financial Services Industry" Employees Still Issue Despite Helpful DOL Opinion Ltrs (pdf).Vedder Price - April 13, 2007 Are financial advisors, stock brokers and mortgage loan officers fall FLSA exempt employees? or non-exempt inside-sales employees? The difference can cost employers big bucks. Report Link Requirement to Record Time Will Not Lead to Loss of Exempt Status under the FLSA.Elarbee, Thompson, Sapp & Wilson, LLP. - January 04, 2007 There is a common misperception that requiring employees exempt from overtime to record their hours of work, will result in loss of the overtime exemption. A number of exempt employees also thought that their employers could not set their hours of work. These myths persisted even though most courts rejected them. Nonetheless, the U.S. Department of Labor's Wage and Hour Division (“DOL”) has also stated that employers may adopt workplace rules requiring employees to record and track their hours, and even set their work schedules without jeopardizing the employees' exempt status under the Fair Labor Standards Act's (FLSA) exemption for executive, administrative or professional employees. The DOL issued its opinion in response to an employer’s request question as to whether it was permissible for it to implement two new job requirements; namely, requiring exempt employees to work 45 hours per week and mandating that they make up work time lost due to personal absences of less than a day. Report Link Opinion Letter Finds IT Support Specialist Not Exempt from FLSA's Requirements.Ford & Harrison LLP - December 18, 2006 The Department of Labor (DOL) has issued an opinion letter addressing an issue that many employers have faced - whether an employee who provides computer help desk support is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). In this opinion letter (FLSA 2006-42, dated October 26, 2006), the DOL stated that, based upon the information submitted by the employer requesting the opinion, the position does not qualify for the administrative or computer employee exemption. Report Link DOL Opinion Letter Regarding Overtime Pay Provides Welcome Guidance to Financial Services Industry.Jackson Lewis LLP - December 07, 2006 On November 27, 2006, the U.S. Department of Labor issued an opinion letter finding that certain salaried financial advisors and stockbrokers (“registered representatives”) are not entitled to overtime under the federal Fair Labor Standards Act. The Opinion Letter responded to a question about exempt status posed to the DOL by the Securities Industry and Financial Markets Association. At issue was whether registered representatives could be subject to the administrative exemption set forth in Section 13(a) (1) of the FLSA. Application of this exemption is significant because the registered representatives often do not travel sufficiently to clients to be classified as exempt under the FLSA’s outside sales exemption. Claims for overtime pay by registered representatives have been the subject of a number of lawsuits in recent years, and several large financial services firms reportedly have settled such claims for millions of dollars. Report Link Physical Presence Not Required To Satisfy "Duties" Test (pdf).Ogletree Deakins - December 06, 2006 DOL opinion letter finds store manager qualified for executive exemption. Report Link Ninth Circuit Rules Claims Adjusters Are Exempt from Overtime under the FLSA.Jackson Lewis LLP - November 16, 2006 Handing employers a decisive victory, the U.S. Court of Appeals for the Ninth Circuit ended five years of class litigation, holding that 2,000 current and former claims adjusters employed by Farmers Insurance Exchange were exempt from overtime under the FLSA and the U.S. Dept of Labor's regulations. Report Link Department of Labor Issues Opinion Letter Recognizing Mortgage Loan Officers as Exempt Administrative Employees.Littler Mendelson, P.C. - October 05, 2006 For the past several years, employers in the mortgage lending industry have faced increasing litigation pressure over the decision to classify loan officers as exempt from the overtime requirements of the Fair Labor Standards Act pursuant to the administrative exemption. On September 8, 2006, the Department of Labor issued Opinion Letter FLSA2006-31, in which it confirmed that mortgage loan officers can satisfy the administrative exemption. While the Department's conclusion is of particular significance for mortgage lenders, the opinion letter will have a significant impact throughout the financial services industry and beyond. Report Link Delivery Person Driving Small Vehicle Not Covered by Motor Carrier Exemption.Ford & Harrison LLP - September 28, 2006 In an example of what can be described as an "unintended consequence" of the revisions made to the federal Motor Carrier Act in 2005, a federal court in Georgia recently held that an employee whose primary duties involve picking up and delivering documents for his employer in a personal vehicle is not exempt from the Fair Labor Standard Act's (FLSA) overtime requirements because he does not qualify for the motor carrier exemption. See Dell'Orfano v. IKON (August 29, 2006). Report Link Manager Misclassification: Still Business as Usual?Elarbee, Thompson, Sapp & Wilson, LLP. - September 27, 2006 In 2001, a federal court in Tennessee hit Treetop Enterprises, Inc., a Waffle House franchisee, with a damage award over $2.8 million (plus prejudgment interest and attorneys fees) in a lawsuit claiming that Treetop had misclassified its managers as exempt from overtime compensation under the Fair Labor Standards Act (FLSA). While shocking at the time, it proved to be the precursor to a cottage industry of copycat lawsuits -- with companies such as Starbucks® and others being hit with big damage awards or agreeing to large settlements. Report Link Things Don’t Always Go Better With Coke! (pdf).Ford & Harrison LLP - September 07, 2006 On August 31, 2006, the Second Circuit Court of Appeals in New York stunned the home care
industry once again, by affirming its 2004 decision in Coke v. Long Island Care at Home. The
court's earlier decision had been vacated by the Supreme Court and remanded for further review
in light of a Department of Labor (“DOL”) Memorandum on the companionship exemption’s
coverage of agency-employed home care workers under the Fair Labor Standards Act ("FLSA"). Report Link New administrative exemption — what's in and what's outJones Walker - August 15, 2006 Nearly two years have passed since the DOL revised the regulations interpreting the
“white-collar” exemptions from the overtime provisions of the Fair Labor Standards Act
(FLSA). The regulations primarily focused on administrative, executive, and professional
employees. Based on the revised regulations, many companies tweaked their exempt
classifications. Report Link Salary Deductions to Recover the Cost of Lost or Damaged Company Property Could Backfire (pdf).Vedder Price - August 04, 2006 Your employee leaves his company-provided
BlackBerry on the roof of his car and drives away.
Another employee accidentally downloads a virus
while surfi ng the Internet and corrupts the hard
drive of her company laptop. Do you deduct the
cost of repair or replacement of these items from the
employees’ salaries? If you do, a March 10, 2006
opinion letter from the U.S. Department of Labor says
those deductions could cause the affected employees
and others in their job classifi cations to lose their
exempt status, subjecting you to liability for unpaid
overtime and liquidated damages. Report Link Beware the Salary Basis Requirement for Exempt Employees (pdf).Vedder Price - July 19, 2006 Most employers know that an employee must
meet certain “duties” tests to qualify for the white
collar exemptions—executive, administrative and
professional. It is important not to overlook another
requirement for these exemptions: the employee must
be paid on a “salary basis.” This means that the employee
generally must receive the same fi xed amount of salary
regardless of the quantity or quality of work performed
in the workweek. The salary basis requirement can be
understood as a general rule with seven exceptions. Report Link Deductions from Employees’ Salaries for Damage/Loss of Company Equipment May Lead to Loss of Exempt Status Under the FLSA.Elarbee, Thompson, Sapp & Wilson, LLP. - June 29, 2006 In March 2006, the U.S. Department of Labor's Wage and Hour Division issued an Opinion Letter indicating that an employer may not deduct from the salary of an exempt employee (or otherwise require him or her to reimburse the employer) for damage to or loss of company equipment without jeopardizing that employee's exempt status under the Fair Labor Standards Act's (FLSA) exemption for executive, administrative or professional employees. Report Link Change To Federal Transportation Law Raises Questions Regarding Applicability Of Motor Carrier Exemption.Jackson Lewis LLP - April 14, 2006 A new law relating to highway safety and appropriations may have inadvertently altered the scope of the "motor carrier exemption" contained in the Fair Labor Standards Act ("FLSA"). Even though it appears there was no intent to limit the exemption, modification of the definition of "motor private carrier" may have eliminated the exemption for operators of small vehicles, which long have been included in the scope of the exemption. Report Link "White Collars" Do Not Guarantee Exempt Status (pdf).Vedder Price - April 07, 2006 Over the past nine months, Merrill Lynch, Morgan
Stanley and UBS have settled Fair Labor Standards Act
and state law overtime lawsuits for a combined total of
more than $160 million. Plaintiffs in the lawsuits claimed
that the companies’ stock brokers and financial advisors
were incorrectly classified as exempt “white collar”
employees and thus were due overtime pay. Copycat
suits have been filed against other brokerage companies,
including A.G. Edwards, Wachovia, Prudential, J.P.
Morgan Chase and Bear Stearns. Given the success
plaintiffs’ attorneys are having with these cases, more
lawsuits can be expected. Report Link Can Employers Deduct Partial-Day Absences from Exempt Employees' Vacation Time?Jackson Lewis LLP - January 19, 2006 Since 2002, the California Division of Labor Standards Enforcement (DLSE) has taken the position that employers may not deduct partial-day absences from exempt employees' accrued vacation leave banks. Recently, however, the First District Court of Appeal ruled in Conley v. Pacific Gas & Electric Co. that such deductions are lawful in certain circumstances. Report Link U.S. Department of Labor Issues Opinion on Salary Deductions for Absences Due to Inclement Weather (pdf).Vedder Price - January 06, 2006 In an October 2005 opinion letter, the U.S. Department
of Labor (DOL) provides guidance to private employers
regarding permissible deductions from exempt employee
salaries for absences caused by inclement weather such
as heavy snow or other types of disasters. Report Link DOL Opinion Letters Provide Employers With Guidance (pdf).Ogletree Deakins - December 16, 2005 In August of last year, the revised
federal regulations for the “white collar”
overtime pay exemptions under the
Fair Labor Standards Act (FLSA) took
effect. The final rule, which is now
commonly referred to as the “Part 541
regulations,” resulted in scores of employers
scrambling to ensure that their
exempt employees were properly classified.
More than one year later, employers
continue to seek clarification on the
new Part 541 regulations and other
common wage and hour issues. Report Link DOL Considers Medical Installation Techs Exempt from Overtime for Travel Under Motor Carriers Act.Jackson Lewis LLP - December 06, 2005 When former employees of a provider and installer of large medical diagnostic equipment made claims for unpaid overtime, the employer requested an opinion from the Department of Labor on whether the employees were exempt. Report Link To Deduct or Not to Deduct Exempt Employee Absences During Weather Emergencies.Littler Mendelson, P.C. - December 02, 2005 In two recently released opinion letters, the Wage and Hour Division of the U.S. Department of Labor (DOL) provides guidance to employers regarding deductions from an exempt employee's salary due to absences during weather emergencies. The letters are available at Report Link New York Court Expands "Retail or Service Establishment" for Commissioned Sales Overtime Exemption.Jackson Lewis LLP - October 17, 2005 New York employers providing goods or services not intended for resale may find they are protected against claims for unpaid overtime from "inside sales" employees. A recent decision from a New York federal court may have loosened the definition of "retail and service establishment" for determining which employees are exempt from the payment of overtime for weekly hours worked over 40. Report Link Computer Support Specialist Entitled to Overtime and Liquidated Damages (pdf).Vedder Price - April 27, 2005 Many employers continue to struggle with the proper
classification of computer support personnel under the
FLSA. One recent case highlights common mistakes
employers make and the consequences that arise from
misclassification. Report Link DOL Issues Opinion Letter Rulings Addressing New White-Collar Exemption Regulations (pdf).Vedder Price - April 27, 2005 The U.S. Department of Labor (DOL) has issued
several new administrative letter rulings discussing the
recently revised Fair Labor Standards Act (FLSA)
white-collar exemption regulations that took effect
August 23, 2004. Several other letters address longstanding,
but often-confusing FLSA issues. Report Link Exempt Professionals' Overtime Suit Fails (pdf).Ogletree Deakins - April 22, 2005 Court Finds Employer May Reduce Pay Without Jeopardizing Exemption. Report Link Pharmacists' Claims for Overtime Fail Based on Their Status as Professional Employees.Jackson Lewis LLP - March 24, 2005 The duties performed by pharmacists at an employer's Puerto Rico facility require the "consistent exercise of discretion and judgment" that are the hallmarks of professional employees under the Fair Labor Standards Act. Report Link Paid Time Off for Partial Day Absences and Maintaining "Exempt" Employee Status.Littler Mendelson, P.C. - February 15, 2005 On January 7, 2005, the U.S Department of Labor (DOL) issued an Opinion Letter confirming that employers may deduct less than a full day from a salaried, overtime- exempt white-collar employee's PTO bank for absences due to personal reasons, accident, or illness, without causing the loss of the exempt status of the employee. Report Link Edwards v. Audubon Insurance Group: A Case of First Impression Holding an Insurance Underwriter to Be an Exempt Administrative Employee Under the FLSA.Littler Mendelson, P.C. - January 28, 2005 Those on the front lines of the battles over who is or is not an exempt administrative employee under the Fair Labor Standards Act (FLSA) or various state wage and hour laws are well aware of the deluge of cases in the past five years – many of them collective and class actions – about whether claims adjusters at insurance and other companies are exempt from overtime requirements of federal or state law. Report Link Federal Court Rejects Overtime Claims By Outside Sales Representative.Jackson Lewis LLP - December 02, 2004 In a wage-hour case recently argued by Jackson Lewis LLP on behalf of a pest control company, the United States District Court for the Southern District of New York granted summary judgment in favor of the employer and dismissed a complaint seeking overtime compensation. Report Link Making sense of the new wage and hour regulations (pdf)Jones Walker - November 15, 2004 The U.S. Department of Labor's (DOL) new "whitecollar" regulations went into effect
August 23, 2004. While the regulations are more of a cosmetic touch-up as opposed to an
extreme makeover, many of you have questions about their implementation and effect on your
full-time and part-time employees. We’re here to shed some light on some of the most frequently
asked questions regarding the new regulations. Report Link Flsa White-Collar Exemption Regs In Effect; Legislative Amendments In Limbo (pdf).Vedder Price - October 05, 2004 As most employers now know, final regulations pertaining
to the Fair Labor Standards Act white-collar exemptions for
overtime eligibility went into effect on August 23, 2004. Report Link Department of Labor Publishes "Sample Salary Basis Policy" under New Overtime Regulations.Jackson Lewis LLP - September 23, 2004 Employers must publish a policy advising employees of the prohibition against improper deductions and an easy-to-use complaint resolution procedure. Jackson Lewis has developed a sample policy that is available from the Wage and Hour Practice Group. Report Link New DOL Overtime Regulations: Are You Ready? (pdf).Jones Walker - August 24, 2004 On April 23, 2004, the Department of Labor ("DOL") issued its final version of the regulations governing which employees are entitled to overtime. These rules go into effect on August 23, 2004. There are some significant changes with regard to the overtime regulations covering executive, administrative, professional, outside sales, and computer employees, typically known as "white collar" employees. Report Link As New Regulations Go Into Effect on August 23 , FLSA Investigations and Claims Are on the Rise.Jackson Lewis LLP - August 06, 2004 Recently, the Wage and Hour Division of the U.S. Department of Labor has been "cracking down" on employers who are in violation of the Fair Labor Standards Act. In fiscal year 2003, the agency collected over $212,537,554 in back wages, an increase of 61% from 2001. Report Link Is Your Company Ready for the August 23, 2004 Compliance Deadline for New FLSA Overtime Regulations?Jackson Lewis LLP - July 16, 2004 In less than 45 days, employers subject to the federal Fair Labor Standards Act must be in compliance with the new regulations on overtime exemptions for "white collar" employees. Report Link Employers Must Comply With New Federal Wage Regulations.Fredrikson & Byron, P.A. - June 24, 2004 The federal Department of Labor recently issued new regulations governing the so-called "white collar exemptions" under the Fair Labor Standards Act (FLSA). The regulations take effect August 23, 2004. Report Link Compliance Deadline for New FLSA Overtime Regulations Is August 23, 2004.Jackson Lewis LLP - June 24, 2004 In less than 60 days, employers subject to the federal Fair Labor Standards Act must be in compliance with the new regulations on overtime exemptions for "white collar" employees. Report Link New White Collar Overtime Regulations Will Take Effect August 23 Despite Continued Debate, Says DOL.Jackson Lewis LLP - June 10, 2004 After over a year of comment, debate, and controversy, the Department of Labor issued the final regulations on April 23, 2004, with an effective date of August 23, 2004. Report Link What Health Care Employers Need to Know and Do About the DOL's New Overtime Exemption Regulations.Jackson Lewis LLP - June 10, 2004 Even as the DOL's new overtime exemption rules continue to generate controversy and congressional blocking action, health care employers should determine the extent of the impact of the final rules on their current compensation practices. Report Link The Department of Labor's Revised White-Collar Regulations -- A New Focus in an Uncertain Arena.Littler Mendelson, P.C. - May 28, 2004 The United States Department of Labor has issued final regulations which make across-the-board changes in the definition of overtime-exempt, white-collar employees. Report Link The Federal Department of Labor Issues New Regulations Governing Exempt Employees (pdf).Fredrikson & Byron, P.A. - May 24, 2004 The DOL recently issued new regulations governing the so-called "white collar exemptions" under the FLSA. Report Link Overtime Regulations: Employers Should be Ready to Comply by August 23, 2004 (pdf).Vedder Price - May 21, 2004 The House of Representatives voted 222 to 205 on Wednesday, May 12, to table a procedural motion by Rep. George Miller (D-CA), which could have resulted in a vote, preventing the implementation of the new overtime regulations. Report Link Answers to Frequently Asked Questions About the Final DOL Regulations on the White Collar Exemptions.Jackson Lewis LLP - April 29, 2004 To assist employers in their compliance efforts with the new Department of Labor regulations on overtime exemptions, the Wage and Hour Practice Group of Jackson Lewis has prepared a list of questions and answers. Report Link Department of Labor Issues New Regulations on Fair Labor Standards Act Exemptions.Cooley Godward Kronish LLP. - April 28, 2004 On April 23, 2004, the United States Department of Labor ("DOL") published its long awaited final regulations concerning how employers determine who is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act ("FLSA"). Report Link Department of Labor Issues New Regulations on Fair Labor Standards Act Exemptions.Cooley Godward Kronish LLP. - April 28, 2004 On April 23, 2004, the United States Department of Labor ("DOL") published its long awaited final regulations concerning how employers determine who is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act ("FLSA"). Report Link What Employers Need to Know and Do About the Labor Department's Final Regulations on Overtime Exemptions.Jackson Lewis LLP - April 23, 2004 At a minimum, employers must analyze the new federal overtime rules, conduct a compliance review existing employee classification and pay practices, revise affected policies and practices in light of the new rules, and implement the changes throughout the workforce. Report Link Department of Labor Issues Final FLSA Overtime "White Collar" Exemption Regulations.Jackson Lewis LLP - April 20, 2004 On April 20, 2004, the U.S. Department of Labor, Wage and Hour Division, issued the new exempt status rules for "white collar" employees under the Fair Labor Standards Act. To reduce confusion, the DOL revised the tests for determining whether an employee is exempt under the white collar exemptions. Report Link New Overtime Regulations Anticipated by End of March; More Congressional Blocking Action Promised.Jackson Lewis LLP - March 16, 2004 New Amendments to the overtime exemptions for "white collar" employees under the Fair Labor Standards Act are expected to be published by the Department of Labor by the end of March 2004. Report Link Proposed Overtime Regulations Cleared for Final Release After Approval of Labor Department Spending Bill.Jackson Lewis LLP - January 28, 2004 The controversial proposal overhauling the overtime exemptions for "white collar" employees under the Fair Labor Standards Act has cleared the obstacle of Congressional stonewalling -- at least for now. Report Link Changes to "Exempt" Status May Be Effective Soon.Fredrikson & Byron, P.A. - August 27, 2003 Employers may soon need to review the "exempt" and "non-exempt" classification of employees under the federal Fair Labor Standards Act (FLSA) to determine whether they are correctly paying them. Report Link Department of Labor Proposes Major Changes to FLSA Overtime Rules.Winston & Strawn - April 01, 2003 On March 31, 2003, the U.S. Department of Labor ("DOL") published a proposal to modernize the 50-year old regulations defining exemptions from the Fair Labor Standards Act ("FLSA") for "white collar" employees. Report Link Guidelines for Evaluating Whether or Not Employees Satisfy the Executive, Administrative and Professional Exemptions from the Wage and Hour Laws. [PDF File].Foley & Lardner - February 27, 2003 This article summarizes the principle aspects of each of the three white collar exemptions and points out a couple of the significant traps for the unwary employer. Report Link Basics of the FLSA Minimum Wage and Overtime Requirements [PDF File].Piper Rudnick LLP - January 01, 2002 To stay compliant and avert FLSA liability, it is important that employers protect the status of exempt employees by avoiding the common mistake of making prohibited deductions from exempt employees’ salaries. Click Here For Article. Report Link Employees Who Spent Less Than Fifty Percent Of Time On Managerial Tasks Nonetheless Exempt Under FLSA [PDF File].O'Melveny & Myers LLP - October 01, 2001 The Ninth Circuit recently concluded that a husband and wife who managed a recreational vehicle park and spent less than fifty percent of their time on managerial duties were nonetheless “exempt” employees under the FLSA. Report Link The Fair Labor Standards Act: Sixty Years Later, Who Is Exempt And Who Isn't Remains Unclear.Employment Policy Foundation - August 08, 2001 Sixty years later, however, the FLSA needs modernization to meet the unique dynamics of the 21st century workforce.
Report Link FLSA EXEMPTION UPDATE [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - April 01, 2001 Sixteen page PDF File that discusses the FLSA overtime exemptions, including exemption criteria, allowable amount of non-exempt work, applicability of exemptions, additional compensation for exempt employees, and deductions for absences. Report Link Careful Analysis Required In Determining Exempt Status Under the FLSA.Testa, Hurwitz & Thibeault, LLP - July 01, 2000 Discusses Owsley v. San Antonio Independent School Dist., No. 98-50743 (5th Cir. September 13, 1999), in which the court overturned summary judgment and held that a group of athletic trainers were FLSA exempt professional employees. Report Link Testiomony on White Collar Exemptions. [PDF Format]General Accounting Office, U.S. - May 01, 2000 Testimony Before the Subcommittee on Workforce Protections, Committee on Education and the Workforce, House of Representatives: Fair Labor Standards Act: White-Collar Exemptions Need Adjustments for Today’s Work Place. Report Link 29 CFR 541.303 - Computer related occupations under Public Law 101-583.Department of Labor - (No Date) Wage and Hour Regulation regarding exempt/non-exempt classifciation of computer related occupations. Report Link Exemption For Executive, Administrative, Professional, & Outside Sales Employees Under The Fair Labor Standards Act (FLSA). Department of Labor - (No Date) Fact Sheet No. 017. This fact sheet provides brief, general information concerning the exemption provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 CFR Part 541. Report Link Exemption For Seasonal And Recreational Establishments Under The Fair Labor Standards Act (FLSA).Department of Labor - (No Date) Fact Sheet No. 018. Brief discussion of section 13(a)(3) exemption for seasonal and recreational establishment employees. Report Link The Motor Carrier Exemption Under the Fair Labor Standards Act (FLSA).Department of Labor - (No Date) Fact Sheet No. 019. Brief discussion of Section 13(b)(1) overtime exemption for employees covered by the Motor Carrier Act. Report Link Employees Paid Commissions by Retail Establishments Who are Exempt Under Section 7(i) from Overtime Under The Fair Labor Standards Act (FLSA).Department of Labor - (No Date) Fact Sheet No. 020. This fact sheet provides general information concerning the application of the Section 7(i) overtime exemption from the FLSA to employees of retail and service establishments, who are paid on a commission basis in whole or part. Report Link 29 CFR 541.118 - Salary basis.Department of Labor - (No Date) This portion of the FLSA regulations deal with what it means to be paid "on a salary basis", which includes a discussion of making deductions for sickness and personal time. Report Link Who is eligible for overtime and minimum wage?Salary.com - (No Date) Overview of exempt vs. non-exempt; includes list of both the "long" and "short" test for white color exemptions. Click Here For Article
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Reserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and Managers
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August 14, 2008 Baker DonelsonThe New Formula for Success: Eł = MC (Employees*Economy*Energy = Managing Costs)Online
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August 20, 2008 Baker Donelson |
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