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Report Link Computer Employees - The Next Wage and Hour Thorn for Employers?Vedder Price - November 06, 2008 Does your Company classify all
its Information Technology (IT)
employees as exempt under the
Fair Labor Standards Act’s
computer employee exemption?
If the answer is “yes,” then your
organization likely operates
under what a federal appellate
court judge called the “common
misperception that all jobs
involving computers are
necessarily highly complex and
require exceptional expertise.” Report Link Congress Amends Motor Carrier Exemption: Both Helps and Hurts Employers.Fisher & Phillips, LLP - September 05, 2008 Recent legislation appears to have narrowed the scope of the federal Fair Labor Standards Act's "motor carrier" overtime exemption yet again. The "SAFETEA-LU Technical Corrections Act of 2008" (TCA) further restricts the classes of employees who might qualify for that exemption. A moderate positive is that TCA also limits liability with respect to certain overtime violations occurring before August 10, 2006 that resulted from exemption changes caused by the earlier "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU). 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 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 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 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 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 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 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 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 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 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.
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ArticlesFound: 21 ArticlesSUBTOPICS Employment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 2, 2008 Shaw Valenza LLPCalifornia Workplace Law Update 2008Los Angeles
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Costa Mesa
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson & ByronLegally Required Sexual Harassment Training - California LocationsOntario
December 2, 2008 Fisher & PhillipsThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson |
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