Exempt Status

Administrative Employee Can Proceed With OT, Punitive Damage Claims

Adm Worker

An “escrow manager” classified as an administrative employee by the employer can proceed on her claim of unpaid overtime and retaliatory discharge under the Fair Labor Standards Act, rules a federal district court in Arkansas.

The case involves a claim by a real estate transaction employee who was paid a salary Read more

Forced Unpaid Holidays Allowed for Exempt Employees

This story has been unpublished.

Dispatchers Not Necessarily Exempt Employees, Court Declares

Dispatch Worker

Truck dispatchers whose daily tasks involved ensuring that the company’s product was delivered “timely and efficiently” were not performing exempt administrative duties under the Fair Labor Standards Act, a federal district court rules. Read more

Teachers in Daycare Not Licensed as Education May Not Be Exempt Professionals

Daycare center instructors who spend a majority of their time teaching children between the ages of three and five, may not qualify for the teacher exemption under the Fair Labor Standards Act, says the U.S. Dept. of Labor Office of Enforcement Policy, in another recently released opinion letter.
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Aberrant Paycheck Errors Do Not Change Salary Basis for Exempt Employee

Under the Fair Labor Standards Act, white collar employees serving in an administrative exempt category must be paid on a salary basis of at least $455 per week, among other criteria. The exemption is lost if it is demonstrated that the employer does not intend to pay employees on a salary basis, such as having an actual practice of making improper deductions from the salary. Read more

Senior Pharmaceutical Sales Rep Was Administrative Exempt Says Third Circuit

A “Senior Professional Sales Representative” who elaborated on the “independent and managerial qualities that her position required” and was responsible to form a strategic plan designed to maximize sales in her territory was an exempt administrative employee under the Fair Labor Standards Act and thus not entitled to overtime payments for her work, the Third Circuit rules.
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Claims Adjusters Are OT Exempt, DC Circuit Rules

Auto damage adjusters for an insurance company meet the criteria of exempt administrative employees under the Fair Labor Standards Act and are thus exempt from overtime payments, rules the D.C. Circuit.
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