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

This story has been unpublished.

The U.S. Dept.

Read more

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

Read more

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.
Read more

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

Misclassifying several groups of workers, including assistant store managers of newly acquired stores, as exempt from overtime will cost Levi Strauss & Co. $1,011,413 in overtime back wages nationwide, according to the U.S. Dept. of Labor Wage and Hour Division. Read more

JP Morgan Chase & Co. agrees to pay $42 million to settle a class action claim that it misclassified its underwriters as administrative employees exempt from overtime payments under the Fair Labor Standards Act. Read more

The Mortgage Bankers Association is asking a federal court to declare a March 2010 U.S. Dept. of Labor opinion that mortgage loan officers are not exempt administrative employees to be unlawful and to enjoin implementation of the DOL interpretation. Read more

An account manager for a media software company who acted as a bridge between the software developers and the customers in helping to determine the customers’ needs, relaying those needs to the developers, assisting in the customization of the software, and finally helping the customers use the customized software met the definition of exempt administrative employee under the Fair Labor Standards Act, the Seventh Circuit rules, affirming the rejection of the account manager’s claim for unpaid overtime. Read more

An employee who was classified for 29 years as a non-exempt employee earning overtime, and whose title was changed and was reclassified as exempt from overtime, can proceed to trial with her claim of a Fair Labor Standards Act violation against her employer, a federal court in Maryland decides. Read more

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.
Read more

To avail itself of the “learned professional” overtime exemption under the Fair Labor Standards Act, an employer must show that a position requires advanced knowledge customarily acquired by a prolonged course of specialized intellectual instruction, the Ninth Circuit says, and because the social worker positions at issue in the case required only a degree in one of several diverse academic disciplines or sufficient coursework in any of those disciplines, the Court concludes that Washington State has not met its burden of showing that its social worker positions “plainly and unmistakably” meet the regulatory requirement. Read more

Registered nurses, physical therapists, and occupational therapists employed as “clinicians” by a multi-state home health care employer are certified as a class in their Fair Labor Standards Act claim for overtime by a federal court in Georgia. Read more