Division of supervisory duties among different classifications of exempt employees sometimes gives rise to claims that some or all of those managerial employees do not qualify for the executive exemption. Analyzing and rejecting one such challenge, an Arkansas federal court recently concluded that “Team Leaders” at one of the nation’s largest frozen food processing
executive exemption
District Court Finds that Personnel Supervisor Is Exempt Executive
By Noel P. Tripp on
Posted in Exemptions
Rejecting a challenge to classification as an exempt supervisor in a warehouse setting District Court Judge James C. Turk of the Western District of Virginia ruled last week that a “personnel supervisor” in a tire production plant qualified for the FLSA’s executive exemption because “the vast majority of his time was spent in management-type functions”…
Restaurant General Manager Is Exempt Administrative Employee Based on Managerial Duties
By Noel P. Tripp on
Posted in Exemptions
A recent federal court decision reiterates that an employee whose primary duties are managerial in nature who wields discretion and independent judgment to make employment and business decisions qualifies for the administrative exemption under the Fair Labor Standards Act and New York Labor Law, in addition to eligibility for the “executive” exemption commonly applied to…
Second Circuit Affirms Applicability of Executive Exemption to Warehouse Captains
By Noel P. Tripp on
Posted in Exemptions
Last year, in a decision discussed here, District Court Judge Richard Berman of the Southern District of New York determined that warehouse captains for defendant Baldor Specialty Foods qualified for the executive exemption under both federal and New York state law, because their duties were “clearly managerial.” Ramos v. Baldor Specialty Foods, Inc.…
New York Federal Court Finds Questions of Fact Exist as to Whether “Assistant” or “Co” Managers at Drug Chain Are Properly Classified as Exempt Employees
By Noel P. Tripp on
Posted in Exemptions
The most recent installment in the continuing saga concerning the exempt status of various managerial titles in the retail industry involves a group of plaintiffs referred to by their employer (the drug chain Rite Aid) as “Co-Managers” and by plaintiffs as “Assistant Managers.” Judge Paul Gardephe of the United States District Court for the Southern…
Tenth Circuit: District Court Improperly Analyzed Exemption Status of Los Alamos Security Officers
By Noel P. Tripp on
Posted in Exemptions
Even when employers successfully prevail on exemption defenses at the trial court level, such victories often do not signal the end of litigation –as evidenced by the recent decision of the United States Court of Appeals for the Tenth Circuit, which reversed a summary judgment decision upholding an employer’s application of the executive exemption. Maestas …
New York Court Finds Warehouse Captain To Be Exempt Executive
By Noel P. Tripp on
Posted in Exemptions
We previously discussed New York courts applying the FLSA’s executive exemption, which exempts employees whose primary duty is management (and who are paid on a salary basis) from minimum wage and overtime pay obligations. Recently, Judge Berman of the Southern District upheld the application of the exemption to a group of warehouse “Captains.” Ramos v. Baldor …
$130,000 Salary Alone Does Not Make Labor Manager Exempt
By Noel P. Tripp on
Posted in Exemptions
In a case exemplifying that salary alone does not make an employee exempt, a district court in Idaho denied summary judgment to an employer in an overtime case brought by a Labor Manager earning $130,000/year. Wood v. Kinetic Sys., 2011 U.S. Dist. LEXIS 11221 (D. Idaho Feb. 4, 2011).
While it was undisputed the…
New York Federal Court Finds Gas Station and Convenience Store Manager To Be An Exempt Executive
By Noel P. Tripp on
Posted in Exemptions
The subject of many FLSA actions is store managers and whether they are properly classified as exempt employees. In a recent victory for the employer community, Judge Glenn Suddaby of the Northern District of New York held as a matter of law that Express Mart properly classified its store manager in Cato, New York as exempt. …
Store Managers Are Always Exempt – Aren’t They?
By Noel P. Tripp on
Posted in Exemptions
In a case involving retailer Dollar General, another federal judge has refused to hold as a matter of law that a retail store manager is an overtime-exempt “executive” for purposes of the FLSA. Judge James Jones denied summary judgment to Dollar General in Hale v. Dolgencorp, Inc., 2010 U.S. Dist. LEXIS 62584 (W.D. Va.