The 7(i) exemption from overtime is not limited to “local” retail or service establishments, and applies to employers who sell nationwide via phone or the internet, a Utah district court has held, rejecting DOL regulations, and finding them antiquated. See Selz v. Invest Tools, Inc., 2011 U.S. Dist. LEXIS 93604 (D. Utah, Jan. 27, 2011).
retail or service establishment
District Court Holds 7(i) Exemption Applies to Cellular Phone Retailer
By Noel P. Tripp on
Posted in Exemptions
A Pennsylvania company that sells Sprint cellular phones, service plans, and cell-phone accessories is a “retail or service establishment” under the 7(i) exemption, a Pennsylvania district court holds, granting partial summary judgment to the employer. Haskins v. VIP Wireless LLC 300, 2010 U.S. Dist. LEXIS 106205 (W.D. Pa. Oct. 5, 2010). A sales representative…
New York Magistrate Judge Recommends That Employee of Web Design Company is Ineligible for 7(i) Overtime Exemption
By Noel P. Tripp on
Posted in Exemptions