flsa municipalities municipality “city of brooksville” “public sector” overtime “eligibility for overtime” “management analyst” “administrative exemption” “middle district of florida”
Continue Reading Florida Judge: City’s Management Analyst Is Exempt Administrative Employee
Exemptions
Eleventh Circuit Addresses Undocumented Workers Right to Unpaid Wages Under FLSA and Calculation of Overtime Owed to Salaried Workers
The Eleventh Circuit has found that an individual who is not authorized to work in the United States can recover alleged unpaid wages under the FLSA, rejecting an employer’s argument that Supreme Court’s decision in Quality Inn in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), bars such claims.
In so…
City Clerk Not Member of Elected Official’s “Personal Staff”, Not Exempt from FLSA
While rules governing compensation of public sector employees can differ from the private sector (and be more expansive), the general overtime provisions of the Fair Labor Standards Act applies to public sector employees since the Supreme Court’s seminal decision in Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528 (U.S. 1985). Excluded…
Mississippi Court Finds Question of Fact as to “Vehicle” Status of Mobile Homes
One of the industry-specific overtime exemptions contained in 29 U.S.C. § 213(b) is the exemption from overtime applicable to sales employees engaged in selling “trailers, boats, or aircraft, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers.” Judge Carlton W. Reeves of…
Deductions Pursuant to Unpaid Leave Policy Offered Only In Full Day Increments Do Not Destroy Exempt Status
The United States District Court for the District of Maryland recently held that deductions from an exempt employee’s weekly salary for leave taken pursuant to an unpaid leave policy offering such leave only in full day increments did not impact the employee’s exempt status. Kulish v. Rite Aid Corp., 2012 U.S. Dist. LEXIS 176760…
Southern District Judge McMahon: Junior Accountants Are Exempt “Professionals”
FLSA litigation generally moves from industry-to-industry, and, in the most recent wave of litigation, one of the hardest hit industries has been the accounting profession, particularly the “big four” accounting firms, which have been subjected to large-scale challenges of their classification of junior accountants as exempt. Typically, these individuals hold accounting degrees and…
Federal Judge Finds HR Manager Properly Classified As Exempt Employee
As Human Resources professionals already know, running an HR department – or fulfilling the HR function on one’s own – is an integral component of administering an employer’s business. But do those duties necessarily translate into qualifying exempt duties under the FLSA? One recent federal decision confirms that the answer is yes. Farnham v. Riimic, 2012…
Minnesota Court: Not-For-Profit Course Instructor Is Exempt Teacher
The Fair Labor Standards Act exempts teachers from minimum wage and overtime as professionals where their “primary duty is teaching, tutoring, instructing or lecturing in the activity of imputing knowledge and [the employee is] employed and engaged in this activity as a teacher in an educational establishment by which the employee is employed.” 29 C.F.R. §…
Texas Federal Court Holds That Motor Carrier Exemption Applies to “Loader”
The FLSA’s highly technical motor carrier exemption applies to certain employees of motor carriers regulated by the Department of Transportation whose work affects the transportation of goods in interstate commerce. In addition to qualifying drivers, the exemption applies to mechanics, driver’s helpers, and also to “loaders,” who balance the cargo in motor carrier vehicles, thereby affecting…
Texas Federal Court Rules Tax Consulting “Retail or Service” Within Meaning of 7(i) Overtime Exemption
The overtime exemption applicable to "retail or service" employees codified at 29 USC § 207(i) has three requirements, as we have discussed in this space, and two of the requirements are readily met in many cases: the employee must receive time-and-one-half the minimum wage (currently $10.88/hour under federal law) for all hours worked inclusive of…