The FLSA’s “outside sales” exemption from minimum wage and overtime is among the more straightforward exemptions, in that it contains only two requirements: that the employee be “customarily and regularly” away from the employer’s place of business; and that the employee primarily be engaged in making sales. This simple-sounding test does not preclude disputes regarding its
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Arizona, Florida, Six Other States To Raise Minimum Wage For 2012 (And San Francisco, Too)
By Noel P. Tripp on
The state minimum wage is set to increase in eight states at the start of the new year. By statute, many states review and revise their respective minimum wage annually, to reflect changes in the cost of living. San Francisco, one of several municipalities with its own minimum wage law, will also increase its minimum…
Fourth Circuit Rules That Public School Employee Who Volunteered As Golf Coach Was Not Entitled To Minimum Wage Or Overtime
By Noel P. Tripp on
Posted in Coverage
The FLSA limits when an individual can provide services to an organization without compensation. See post dated April 6, 2010 “We Don’t Have to Pay Our Interns – Do We?” However, last month a panel of the Court of Appeals for the Fourth Circuit (including Retired Supreme Court Justice Sandra Day O’Connor sitting…
How Broad is the Ninth Circuit’s Woody Woo Decision?
By Noel P. Tripp on
The Ninth Circuit Court of Appeals recently ruled that the FLSA does not restrict employer-mandated tip-pooling arrangements when no tip credit is taken by the employer against the minimum wage obligation. Cumbie v. Woody Woo, Inc., et al., No. 08-35718 (9th Cir. Feb. 23, 2010). Further, the Court rejected the DOL’s regulation at 29…