IT professionals are some of the more challenging employees to classify under the FLSA. For example, the Computer Professional Exemption is highly technical and not friendly to lay people or juries. The Administrative Exemption also may apply in some cases, however, there is very little legal authority outlining the exact nature of the computer related… Continue Reading
Category Archives: Overtime
Subscribe to Overtime RSS FeedWhat You Don’t Know May Be Good For You: The Importance of An Effective Wage and Hour Policy
Posted in Overtime, Wage and Hour PoliciesIn Kellar v. Summit Seating Inc., the United States Court of Appeals for the Seventh Circuit held an employer did not have to pay an employee overtime wages for pre-shift work because it neither knew nor had reason to know of such work. Although the employee clocked in early, according to her time-sheets, this was… Continue Reading
Supreme Court Will Decide Whether Pharmaceutical Reps Should Be Paid Overtime
Posted in Department of Labor, Fair Labor Standards Act (FLSA), Outside Sales Exemption, OvertimeThe Supreme Court has granted a petition for certiorari in a case heard by the Ninth Circuit concerning whether pharmaceutical drug sales representative are exempt from overtime under the Fair Labor Standards Act. The Ninth Circuit held that the FLSA’s outside sales exemption barred overtime claims filed by a proposed class of sales representatives for GlaxoSmithKline… Continue Reading
Federal Courts Still Disagree on Class Treatment of Retail Managers
Posted in Collective Actions, Fair Labor Standards Act (FLSA), OvertimeNow that the Supreme Court has weighed in on its views of large class actions in Dukes v. Wal Mart, lower courts are struggling with how to apply that same logic to the exploding number of collective actions filed under the Fair Labor Standards Act (FLSA). A couple of recent cases involving retail and restaurant managers… Continue Reading
Are Social Workers “Learned Professionals?”
Posted in Fair Labor Standards Act (FLSA), Overtime, Wage and Hour Policies, White Collar ExemptionsOne of the many gray areas in wage and hour law is determining whether a job is sufficiently “intellectual” as to warrant application of the professional exemption from overtime. Lawyers, doctors and CPA’s easily meet the exemption, but other jobs, many of which require college degrees and extensive training, have been found lacking. Most recently,… Continue Reading
Working Multiple Jobs Can Create Overtime Headaches
Posted in OvertimeA client of mine recently had an issue with an employee who was working two different jobs (at different rates), and was facing a dispute over how overtime should be calculated. Lucky for them, their handbook had the language required by the Department of Labor to use the more “employer friendly” method of calcualation – the… Continue Reading