The highly technical requirements of the FLSA’s learned professional exemption often result in findings that employees traditionally considered to be professionals are non-exempt. In order to satisfy the exemption, the employee must utilize advance knowledge that is “customarily acquired through prolonged academic instruction” when performing their primary duties In a new decision highlighting this analysis (as well as
western district of new york
Federal Court Judge Upholds Employer’s Time Tracking Policies And Rejects Plaintiff’s Claim For Alleged Unpaid Work
By Noel P. Tripp on
Posted in Hours of Work
Reinforcing the importance of properly crafted and enforced work-time tracking policies, Judge Michael Telesca of the Western District of New York recently dismissed the balance of a plaintiff’s claims in a lawsuit alleging failure to compensate non-exempt employees for all overtime hours. The Court based its decision on the employer’s strong time tracking policies and protocols. …
A Reminder Of The Importance Of Salary Basis Compliance
By Noel P. Tripp on
Posted in Exemptions
Often when analyzing whether a position is exempt, we only focus on whether the job duties are sufficient for exempt status. However, in most instances, there is a second requirement: compliance with the salary basis test. A recent decision issued by Judge Larimer of the Western District of New York is a reminder to not …