Tag Archives: exempt status

Contract Attorney “Practiced Law,” Not Entitled To Overtime

In the latest chapter in the ongoing saga regarding contract attorneys claiming to be overtime eligible, Judge Ronnie Abrams of the Southern District of New York ruled that a contract attorney reviewing documents for litigation firm Quinn Emanuel was “practicing law” and thus exempt from overtime pursuant to 29 C.F.R. § 541.304(a)(1). Henig v. Quinn … Continue Reading

Restaurant General Manager Is Exempt Administrative Employee Based on Managerial Duties

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 … Continue Reading

Alabama Federal Judge and Jury: Suspensions of City Employees Did Not Destroy Salary Basis

Among the most straight-forward components of the FLSA exemption analysis is the salary basis test, which requires that employees exempted pursuant to the “white collar exemptions” generally receive a fixed salary  of at least $455a week (higher under many state laws). At times, however, challenges arise based on certain deductions from the salary paid to such … Continue Reading

Florida District Court Rejects “Willful” Allegation, Dismisses Misclassification Claim

In Florida, where state law only obligates employers to pay minimum wage (but not overtime) and FLSA litigation remains rampant, the FLSA limitations period is of particular importance in overtime disputes, particularly in regard to whether the limitations period is extended from two to three years based on a finding that the violation was “willful.” 29 … Continue Reading

Mississippi Judge: Question of Fact As to Exempt Status of Paralegal

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 … Continue Reading

Ohio Federal Court: USDOL’s “New” Interpretation of Loan Officer Status Was Proper

Much attention has been paid to the Department of Labor’s March 2010 Administrative Interpretation, which reversed prior DOL opinions and stated that mortgage loan officers do not qualify for the administrative exemption under the FLSA. The Mortgage Bankers Association has filed a lawsuit seeking to invalidate the interpretation as a violation of the Administrative Procedures Act. While … Continue Reading
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