administrative exemption

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Applicability of the technical FLSA exemptions can sometimes turn on subtle distinctions, a frustrating proposition for FLSA litigants. A new opinion highlights these subtleties, as, on a motion for reconsideration made ahead of a bench trial, a court reversed its earlier ruling denying summary judgment to defendant bank as to the applicability of the administrative…

Applying California’s administrative exemption test, the U.S. Court of Appeals for the Ninth Circuit recently concluded an insurance company properly classified its claims adjusters (who handled and processed disability claims) as exempt from the overtime provisions of the California Labor Code, notwithstanding the clerical duties the adjusters performed and their characterization of their work as…

A Tennessee federal court recently held that a “Print and Archive Vendor Liaison” responsible for coordinating with outside vendors to print and deliver customer invoices qualified for the administrative exemption notwithstanding the employee’s inability to deviate from employer policies or budgets.  See Boaz v. Fed. Express. Corp., 2015 U.S. Dist. LEXIS 70342 (W.D. Tenn.…

In Michigan, a federal judge this week held that certain employees of a staffing company – namely account managers, senior account managers, assistant branch managers, staffing consultants, and senior staffing consultants – were administrative employees under the Fair Labor Standards Act, and therefore not entitled to overtime. Perry v. Randstad Gen. Partner (US) LLC,…

Employees who support businesses performing office functions are often dubbed “administrative” employees, whether for wage-and-hour purposes or otherwise. The question under the Fair Labor Standards Act is whether they are administratively exempt from overtime. Answering that question in the affirmative, Judge William S. Duffey, Jr. recently found an office worker for an electrical services firm…

Reversing the D.C. Circuit’s 2013 opinion, the Supreme Court today held that the U.S. Department of Labor did not violate the Administrative Procedure Act (APA) when, in 2010, it issued its Administrator’s Interpretation stating that mortgage loan officers generally do not qualify for the administrative exemption without first affording the public the opportunity for…

To be “administratively” exempt from overtime, in addition to being paid appropriately on a  salary or fee basis, an employee must perform office or non-manual work directly related to the management or general business operations of his or her employer, with a primary duty which includes the exercise of discretion and independent judgment with…

The FLSA exemption inquiry is fact-intensive, particularly when the analysis pertains to the so-called “white collar” exemptions, as highlighted by a new decision from the Court of Appeals for the Second Circuit.  Harper v. Gov’t Emples. Ins. Co., 2014 U.S. App. LEXIS 19310 (2d Cir. Oct. 10, 2014).

In Harper, District Judge Leonard…