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D.S.C.: “Salaried” Accountant May Be Hourly After All; Question of Fact For Jury
Holladay v. Burch, Oxner, Seale Co., CPA’s, PA In this FLSA case, the parties cross-moved for summary judgment, regarding the applicability of the professional exemption. It was not disputed that...
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6th Cir.: Effect Of Impermissible Deductions On Exempt Status; Under Old Regs...
Baden-Winterwood v. Life Time Fitness, Inc. In this case, the 6th Circuit addressed a common issue raised in mis-classification cases: the effect of a compensation plan which makes impermissible...
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11th Cir.: Despite Variable Premium/Bonuses That Fluctuated With...
Bell v. Callaway Partners, LLC Plaintiffs were bookkeepers/accountants classified by Defendant as exempt from the Fair Labor Standards Act’s (FLSA) overtime pay requirement. This appeal concerned...
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E.D.Pa.: Hourly-Paid Physician Assistant (PA) Not Professional Exempt; Not A...
Cuttic v. Crozer-Chester Medical Center This case was before the court on the parties’ cross-motions for summary judgment regarding whether plaintiff was exempt from the FLSA’s overtime provisions...
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2 Recent Decisions Hold That an Employer-Defendant Cannot Avoid Liquidated...
As FLSA cases have proliferated in recent years, among the formally sleepy areas of jurisprudence that has seen a dramatic rise in litigation is the so-called “good faith” defense. Although in its...
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N.D.Ga.: Where Weekly Compensation of RNs and PTs Not Guaranteed and...
Rindfleisch v Gentiva Health Services, Inc As discussed here, this case was before the court on the parties’ respective cross-motions for summary judgment. Plaintiffs, registered nurses (RNs) and...
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S.D.Ohio: Compensation System Based on Number and Type of Cases Managed, Did...
Cook v. Carestar, Inc. This case was before the court on the parties’ cross-motions for summary judgment regarding the application (or lack thereof) of the learned professional exemption to plaintiffs,...
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President Obama Announces That Threshold Salary for FLSA’s White Collar...
In an Op-Ed penned by President Obama on the website Huffington Post, the new proposed overtime rules from the administration officially began their roll-out. Most significantly, the new rules more...
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DOL Issues Final Overtime Rule, Expanding Overtime Pay for Over 4 Million...
The United States Department of Labor (DOL) Announced its long-awaited final rule regarding the update to the existing overtime rules. The new rule is set to take effect on December 1, 2016. Most...
View ArticleDOL Publishes Final Rule Increasing Salary Thresholds for White Collar...
Following a court decision which struck down the prior regulations promulgated by the Obama administration, which would have rendered for more employees overtime eligible, the Trump has now increased...
View ArticleSupreme Court Confirms That a Day Rate is Not a Salary
Helix Energy Solutions Group Inc. v. Hewitt In a widely anticipated opinion, on February 22, 2023, the Supreme Court of the United States ruled that an employee who was paid a daily rate more than...
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