Newly appointed Yahoo CEO Marissa Mayer — who some pundits have called “the most powerful pregnant woman in America” — is an exceptional employee in more ways than one. Even if she had worked the prerequisite 12 months (or 1,250-plus…
Category Archives: Exempted employees
Who’s in Control: 3rd Circuit Looks at FLSA’s Joint Employer Test
July 3, 2012 – 1:55 pm
When a worker is employed by two or more separate employers, this normally presents no special problems under the Fair Labor Standards Act. But even where the employee works for an entirely separate employer, there may still be a question…
FLSA Recordkeeping: Create, Maintain and Preserve
June 12, 2012 – 12:54 pm
DOL commonly finds recordkeeping violations when it investigates an employer’s wage and hour practices. The most frequent violations of the FLSA’s recordkeeping rules fall into two categories: (1) creating and maintaining the proper records; and (2) preserving those records. Creating…
Knowing Multiple Exemption Rules Can Enhance FLSA Litigation Strategies
June 5, 2012 – 5:09 pm
Employees can qualify for multiple exemptions under the Fair Labor Standards Act, so employers should remember that if they document an employee’s specific exemption, they should note any and all applicable exemptions, so that they are able to argue multiple…
6th Circuit: Failure to Pay Employee Salary Removed his ‘Exempt’ Status
April 5, 2012 – 1:39 pm
An exempt employee must actually be paid in order to retain that exempt status, the 6th U.S. Circuit Court of Appeals recently held. The case, Orton v. Johnny’s Lunch Franchise, involved a salaried employee who sued his employer for wages…
Labor Extends Comment Period for Caregiver Rule
March 9, 2012 – 6:06 pm
The Labor Department has extended the comment period for its proposed rule to provide minimum wage and overtime protections for in-home companions by nine days, the agency announced in a March 9 release. The division published a notice of proposed…
DOL Extends Comment Period on Proposed Domestic Caregiver FLSA Exemption
February 21, 2012 – 6:28 pm
Today the Labor Department extended the comment period for proposed changes to the Fair Labor Standards exemption for domestic caregivers. To date the agency has already received a flood of comments on the proposed regulation which would remove domestic caregivers from the Fair…
Practice Tip — Keep Four Key Elements of the FLSA in Mind: Faith, Liability, Statute of Limitations and Anti-Retaliation
February 17, 2012 – 6:17 pm
The broad scope of the Fair Labor Standards Act provides seemingly endless opportunities for debate. The fact that the Supreme Court agreed to hear Christopher v. SmithKline Beecham Corp. later this year (a case out of the U.S. Court of…
School for Scandal: Hearst Corp. Latest Company to Be Sued by an Unpaid Intern
February 2, 2012 – 2:02 pm
By Liza Casabona Thinking that an unpaid intern might provide an answer to payroll your budget woes? Think again. Several recent, high profile lawsuits filed by interns underscore the risks faced by companies sponsoring unpaid internships. The Hearst Corp. is…
Novartis Agrees to Pay Drug Reps $99 Million to Settle Long-standing Overtime Dispute
January 26, 2012 – 6:01 pm
The New Jersey drug manufacturer Novartis Pharmaceuticals Corporation has reached a $99 million settlement with its drug sales representatives. The agreement, announced jointly by management and plaintiff representatives Jan. 26, resolves overtime pay disputes pending since 2006. “We believe this…