Tag Archives: tenth circuit

Caretakers’ Own Homes Were “Private Homes,” Rendering Them Exempt Companions

Though the USDOL’s new rule regarding overtime-eligibility for home care workers is currently in force, pending appeal, litigation continues over the prior rule. A new appellate ruling addresses the scope of the term “private home” for purposes of the prior rule, clarifying that the former exemption applies to caregiver work in the private homes of … Continue Reading

Tenth Circuit: Isolated Deduction Does Not Defeat Salary Basis For Exempt Salaried Employees

Compliance with salary basis requirements is one pre-requisite for exempt status under the FLSA’s “white collar” exemptions.   A recent decision issued by the Court of Appeals for the Tenth Circuit analyzed this requirement and upheld the employer’s salary basis of payment, rejecting the Plaintiff’s claim that an isolated deduction from an exempt employee’s salary destroys … Continue Reading

Federal Appeals Court Affirms Ruling That Public Sector Union President Was “Volunteer” Outside Protection Of FLSA

Courts continue to wrestle with claims brought by individuals treated by businesses as  outside the scope of the FLSA’s minimum wage and overtime requirements.  Many of these claims are asserted by individuals classified as volunteers and of course interns, all claiming to be employees entitled to the protections of the FLSA.  In one such case, … Continue Reading

Tenth Circuit: Security Guard Employee Was Separately A “Contractor” Janitor, No Need To Aggregate Hours Worked

From time to time, employees offer (or are offered an opportunity) to provide further services to their employer in a “freelance” or "contractor" capacity. However, given the control exercised by the employer in the course of the general employment relationship, these arrangements can result in allegations that the “hybrid” employee/contractor is in fact at all times … Continue Reading

Tenth Circuit: District Court Improperly Analyzed Exemption Status of Los Alamos Security Officers

Even when employers successfully prevail on exemption defenses at the trial court level, such victories often do not signal the end of litigation –as evidenced by the recent decision of the United States Court of Appeals for the Tenth Circuit, which reversed a summary judgment decision upholding an employer’s application of the executive exemption. Maestas v. … Continue Reading
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