Earlier this week, in a matter of first impression within the Second Circuit, Judge P. Kevin Castel of the Southern District of New York held that employees who teach English as a second language (“ESL”) at a privately-owned ESL learning center qualify for the professional exemption under the FLSA as “teachers.” Fernandez v. Zoni Language
exempt
Contract Attorney “Practiced Law,” Not Entitled To Overtime
By Noel P. Tripp on
Posted in Exemptions
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.
On Second Thought, Court Holds Underwriters Qualify For Administrative Exemption
By Noel P. Tripp on
Posted in Exemptions
Applicability of the technical FLSA exemptions can sometimes turn on subtle distinctions, a frustrating proposition for FLSA litigants. A new opinion highlights these subtleties, as, on a motion for reconsideration made ahead of a bench trial, a court reversed its earlier ruling denying summary judgment to defendant bank as to the applicability of the administrative…
Michigan Federal Court: Staffing Company’s Account Managers, Assistant Branch Manager, and Staffing Consultants Are Exempt Administrative Employees
By Noel P. Tripp on
Posted in Exemptions
In Michigan, a federal judge this week held that certain employees of a staffing company – namely account managers, senior account managers, assistant branch managers, staffing consultants, and senior staffing consultants – were administrative employees under the Fair Labor Standards Act, and therefore not entitled to overtime. Perry v. Randstad Gen. Partner (US) LLC,…
Supreme Court Upholds DOL’s 2010 Interpretive Guidance Reversing Prior Position Regarding FLSA Classification of Loan Officers
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
Reversing the D.C. Circuit’s 2013 opinion, the Supreme Court today held that the U.S. Department of Labor did not violate the Administrative Procedure Act (APA) when, in 2010, it issued its Administrator’s Interpretation stating that mortgage loan officers generally do not qualify for the administrative exemption without first affording the public the opportunity for…
Pennsylvania District Judge Upholds Computer Professional Exemption To Technician
By Noel P. Tripp on
Posted in Exemptions
The scope of the computer professional exemption, enacted prior to the widespread use of the Internet and before the existence of some of the most well-known tech companies (e.g., it was enacted prior to the existence of Google), is often a source of litigation, as employers and the courts attempt to apply…
North Carolina Judge Upholds Employer Classification of Employee as Exempt Computer Professional
By Noel P. Tripp on
Posted in Exemptions
The rapidly evolving world of information technology can give rise to disputes regarding the applicability of the FLSA’s 20+ year-old exemption for “computer professionals.” A new decision reinforces that individuals whose job responsibilities require them to maintain large networks qualify for the exemption. Campbell v. Kannapolis City Schs. Bd. of Educ., 2014…
Second Circuit Finds Audit Associates Are Exempt Professionals
By Noel P. Tripp on
Posted in Exemptions
Affirming a highly-publicized 2012 decision from Southern District of New York Judge Colleen McMahon, the Court of Appeals for the Second Circuit ruled last week that audit associates employed by “Big Four” accountancy KPMG qualified for the learned professional exemption from overtime under the FLSA. Pippins v. Kpmg Llp, 2014 U.S. App. LEXIS…
Ohio Judge: Mortgage Underwriters Properly Classified As Exempt Administrative Employees
By Noel P. Tripp on
The exempt status of loan officers continues to make headlines as the Mortgage Bankers Association presses for Supreme Court affirmance of its successful challenge to a DOL opinion regarding the applicability of the administrative exemption to those workers. A new court decision highlights the fact intensive nature of exemption inquiries, and also the potentially misleading…
Following Seventh Circuit’s Lead, Pennsylvania Court Holds Insurance Claims Examiner To Be Exempt Administrative Employee
By Noel P. Tripp on
Posted in Exemptions
Though courts have generally disfavored such claims, from time to time insurance adjusters and examiners allege that the FLSA’s administrative exemption does not apply to their work because their work either: 1) does not relate to business operations of their employer; or 2) does not require the exercise of discretion and independent judgment. Rejecting…