That exemption analysis is fact specific is one of the only central tenets of wage-and-hour law on which all practitioners agree. The facts surrounding an individual’s employment must be analyzed in every case, whether to determine an employee’s level of discretion and independent judgment (under the administrative exemption), to determine if their primary duty was management
administrative
Industry Association’s Challenge New USDOL Tip Credit Rule
By Noel P. Tripp on
Posted in Department of Labor
The hospitality industry remains a favorite target for wage/hour lawsuits. On June 16, 2011, a group of industry associations led by the National Restaurant Association filed a lawsuit of its own in the District Court for the District of Columbia, challenging the new DOL regulations effective in May expanding the notice requirements associated with taking…