tenth circuit

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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…

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…

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…

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 …