Tag: executive exemption

job description

Emphasize Exempt Duties in Your Job Descriptions for Exempt Positions

Job descriptions are important for several reasons, including providing evidence of the exempt nature of positions classified as exempt under the federal Fair Labor Standards Act (FLSA). This article discusses ways of emphasizing the “exemptness” of positions classified as exempt under the FLSA’s executive and the administrative exemptions.

bed, bath & beyond

Bed, Bath & Beyond Learns Wage and Hour Compliance Is No Bed of Roses

Exempt vs. nonexempt is a question that continues to trip up even the most sophisticated employers. Recently, Bed, Bath & Beyond was sued in Illinois federal court by assistant store managers who claim the company incorrectly classified them as exempt and improperly denied them overtime pay. With overtime claims on the rise, employers can’t afford […]


5 common myths about the FLSA

The Fair Labor Standards Act (FLSA) is a federal law that imposes minimum wage, overtime, record-keeping, and child labor requirements. Although the U.S. Department of Labor (DOL) enforces the FLSA, employees may file their own lawsuits under the Act. A lawsuit may be an individual action or a collective action, which is similar to a […]

Employer’s Reliance on Team Leaders’ Suggestions Dooms FLSA Claim

By Bonnie M. Boryca The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime to nonexempt employees. Most employers are familiar with the Act’s exemptions for executive, administrative, professional, computer, and outside sales employees. The particulars of the exemptions are set forth in U.S. Department of Labor (DOL) regulations, and deciding […]

Overtime rules: Changes on the way, but specifics scarce

Secretary of Labor Tom Perez has his orders. President Barack Obama on March 13 officially directed him to “modernize and streamline the existing overtime regulations.” The president’s directions further instruct the Department of Labor (DOL) to “address the changing nature of the workplace” and simplify the rules so that they will be “easier for both […]

Police Chief Still an Executive Under FLSA Even While Walking the Beat, Says VT Superior Court

A former police chief in Vermont was correctly classified as exempt under the Fair Labor Standards Act’s executive exemption — despite the fact that he frequently had to perform patrol work — because the bulk of his duties were still considered managerial, the Vermont Supreme Court ruled Aug. 10. In spite of his status as […]

NYPD’s Blue: 4,000 Police Sergeants Are Owed Back Pay to 2001

Four thousand New York City Police Department (NYPD) sergeants are not exempt executives under the Fair Labor Standards Act (FLSA) because their primary duty is law enforcement, not management, a federal court has found. As a result, the court found the city liable to the sergeants for back overtime pay going back to 2001. The […]