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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…

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…

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…

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…