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  Sales Rep Falls Within FLSA’s “Administrative” Exemption Because of Independent Strategic Planning Responsibilities.Ogletree Deakins - February 16, 2010 Under the Fair Labor Standards Act (FLSA), employees who work more than 40 hours a week are entitled to overtime pay unless they fall under one of the Act’s enumerated exemptions. The 3d U.S. Circuit Court of Appeal found that a Johnson & Johnson sales representative fell within the “administrative” exemption, based upon that person’s high level of planning and foresight, along with her “exercise of discretion and independent judgment with respect to matters of significance” and, therefore, was not entitled to overtime pay. Report Link Sales rep falls within FLSA's "administrative" exemption because of independent strategic planning responsibilities.Ogletree Deakins - February 08, 2010 Under the Fair Labor Standards Act (FLSA), employees who work more than 40 hours a week are entitled to overtime pay unless they fall under one of the Act’s enumerated exemptions. The 3d U.S. Circuit Court of Appeal found that a Johnson & Johnson sales representative fell within the “administrative” exemption, based upon that person’s high level of planning and foresight, along with her “exercise of discretion and independent judgment with respect to matters of significance” and, therefore, was not entitled to overtime pay. Smith v. Johnson & Johnson, 3d Cir., No. 09-1223, February 2, 2010. Report Link Appeals Court Focuses on Academic Requirements Condition of FLSA Professional Exemption.Jackson Lewis LLP - December 21, 2009 The federal appeals court in New York has held an employer incorrectly classified an employee as a professional exempt from overtime pay under the Fair Labor Standards Act where the employee, though hired into an exempt position, did the work of a non-exempt employee. Young v. Cooper Cameron Corp., No. 08-5847 (2d Cir. Nov. 12, 2009). The Court of Appeals determined the employee was entitled to overtime. According to the Court, for a position to qualify as exempt under the learned professional prong of the professional exemption, the job should ordinarily require at least a four-year college degree, if not something more advanced, in a specific field directly relevant to the performance of the job. 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 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 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 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 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 "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 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 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 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 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 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.
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