As discussed in prior postings, a central issue in determining the application of the FLSA’s “7(i)” exemption is whether the payments to the employee constitute bona fide commissions. In early July, Judge Gregory Frost of the Southern District of Ohio issued another ruling on this issue, finding that the compensation paid to managers and assistant
commissioned employees
Vermont Court Holds Cable Installer Received Bona Fide Commissions, But Additional Evidence Needed to Establish 7(i) Exemption
By Noel P. Tripp on
Posted in Exemptions
The “retail or service exemption” to the FLSA, sometimes referred to as the “7(i) exemption”, noting the location where it is codified, 29 U.S.C. Section 207(i), has three requirements. While the first requirement, to pay time and one-half the minimum wage for all hours of work, is straightforward, the other two prongs—that an employee receive 50%…
New York Magistrate Judge Recommends That Employee of Web Design Company is Ineligible for 7(i) Overtime Exemption
By Noel P. Tripp on
Posted in Exemptions