Say Anything: The Big Four Defense Of Overtime Exemptions

Although the state and federal wage and hour laws governing eligibility for overtime pay are complicated, the public policy issues they present for audit firms are not. The largest public accounting firms want entry-level accounting graduates to feel like professionals, by virtue of their university...

FLSA Overtime Exemption May Depend on Amount of Discretion Exercised

by Mark Jeffries A federal court in Ohio recently decided what it deemed "a close case" regarding overtime exemptions under the Fair Labor Standards Act ("FLSA"). In Foster v. Nationwide Mutual Insurance Company , the court held that Nationwide's special investigators, who...

Lawffice Links - SCOTUS FLSA Edition

Today, the Supreme Court (in Christopher v. Smithkline Beecham ) , held that pharmaceutical sales reps fall within the FLSA's outside sales exemption, and were therefore not entitled to overtime pay. I already threw my initial two cents in. I also baked up some fresh Lawffice Links to mark the occasion...

Does a "good faith belief" about an illegal pay practice support an FLSA retaliation claim?

April Hurd worked as a nurse's aide for Blossom 24 Hour We Care Center. The company fired her 10 days after she complained about unpaid overtime. Easy case for the employee? If you think this is an open and shut case of retaliation under the FLSA, you are mistaken. In Hurd v. Blossom 24 Hour We Care...

Pharmaceutical Sales Representatives Are Not Eligible For Overtime Pay, Holds U.S. Supreme Court

The federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the "FLSA"), and its implementing regulations, 29 C.F.R. §§ 510 et seq. , mandate that most employees in the U.S. be paid overtime compensation at 1½ times the regular rate of pay for all hours worked in...

California Supreme Court Narrows Commissioned Salesperson Exemption

Last week the California Supreme Court continued its trend of issuing employee-friendly decisions, this time in a case involving the commissioned salesperson exemption. In Peabody v. Time Warner Cable , the plaintiff was a commissioned salesperson who sold advertising spots for Time Warner Cable [ an...