A disability plan participant’s state-law privacy lawsuit against the plan’s claims administrator was dismissed by a federal district court, which found it was preempted by the Employee Retirement Income Security Act (ERISA).
The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently held that employees were sometimes exempt from receiving overtime but were not exempt other times. The deciding factor was a very slight difference between the discretionary authority exercised in each role.
The U.S. Department of Labor’s (DOL) decision to reissue 17 opinion letters first issued during the George W. Bush administration is a welcome move and “a step in the right direction,” according to an attorney who represents employers.
by Gary S. Fealk Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay. Mastering HR: Overtime Executive, administrative, and professional employees An employee whose job duties fall within the executive, administrative, or professional category may be exempt from overtime pay if he is paid on a salary basis. Under […]
As employers know, certain employees aren’t entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The most common exemptions include the executive, administrative, and professional exemptions. Because the administrative exemption is more nebulous than the executive and professional exemptions, employers often misclassify non-exempt workers as exempt administrative employees. Although it should be […]
by Gary Fealk Workers who qualify as executive, administrative, or professional employees may be exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) if they are paid on a salaried basis or not less than $455 per week. However, if an employee’s basis of compensation isn’t “salaried,” the exemption will be lost. […]