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This story has been unpublished.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.

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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

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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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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

An employee whose primary duties included maintaining Boy Scouts of America-Aloha Council’s campgrounds, and who alleged that the Aloha Council improperly considered him exempt from the Fair Labor Standard Act’s requirement that employees who work more than 40 hours per week be paid overtime wages, was exempt under the FLSA, a federal court in Hawaii rules. 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

A group of “captains” in a New York wholesale food warehouse qualified as overtime-exempt “executives” under the Fair Labor Standards Act since each supervised a team of employees in a customarily recognized subdivision of the company “with a permanent status and function” the Second Circuit says, affirming a lower court decision in favor of the employer. 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

The United States Court of Appeals for the Sixth Circuit recently held that insurance investigators qualified for an administrative exemption from the overtime requirements of the Fair Labor Standards Act. Read more

Pharmaceutical sales representatives qualify as exempt “outside salesmen” under the most reasonable interpretation of Dept. of Labor regulations governing the exemption, the U.S. Supreme Court says, rejecting an appeal by employees seeking overtime pay under the Fair Labor Standards Act, and the DOL’s recent attempt to interpret its regulation to favor the sales representatives. 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