exemption

Ohio Federal Court: USDOL's "New" Interpretation of Loan Officer Status Was Proper

March 14, 2012 16:01

Much attention has been paid to the Department of Labor’s March 2010 Administrative Interpretation, which reversed prior DOL opinions and stated that mortgage loan officers do not qualify for the administrative exemption under the FLSA. The Mortgage Bankers Association has filed a...

Sixth Circuit Clarifies: Salary Must Be Paid to Satisfy Salary Basis Test

February 24, 2012 15:35

While it may seem straightforward and not subject to dispute that an exempt employee paid the required “salary basis” must actually receive his or her salary to preserve exempt status, the law, as always, is not so clear cut.  In fact, an employer had prevailed in arguing that the...

AutoZone Store Managers Found to Be Exempt Executive Employees

February 13, 2012 18:01

By Laurent Badoux On January 27, 2012, the United States District Court for the District of Arizona granted AutoZone’s motion for summary judgment in a case brought on behalf of a nationwide class of current and former store managers seeking overtime pay under the Fair Labor Standards Act...

California Employers Receive a Welcome Victory Regarding Commission Plans and the Limited Commission Exemption From Overtime

January 25, 2012 00:55

On January 24, 2012, California employers received a welcome victory regarding commission plans and the commission overtime exemption under Wage Orders 4 and 7. In Muldrow v. Surrex Solutions Corp., (CA4/1 Case No. D057955 1/24/12), the Fourth Appellate District of the Court of Appeal found that...

Employer Defenses Against Class Action Rest (Again) On Individualization, As Well As Exemption

Mark Tabakman
January 13, 2012 17:10

In a recent case, a federal judge in New York has allowed a class action to proceed for thousands of employees who allege that they were misclassified as exempt by an accounting firm.  The case is entitled Pippins et al. v. KPMG LLP and was filed in the Southern District of New York.  The...