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17Jul2013

What Do You Know About The Outside Sales Exemption?

  • By Amy McNally
  • 4 Tags
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By Linda H. Evans, Senior Associate.   The Fifth Circuit recently addressed one of the lesser used exemptions under the Fair Labor Standards Act (FLSA) … outside sales.  Reminder: Any employee who has been properly categorized as exempt, is exempt from the minimum wage and overtime hour requirements.   Meza was an employee who worked
11Jul2013

DOL Investigation: What NOT to do!

  • By Amy McNally
  • 2 Tags
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By Linda H. Evans, Senior Associate.   We know investigations by the DOL can be difficult.  And if you’re found guilty of not paying proper wages, it can be very expensive.  But this is ridiculous!   Back in 2008, the DOL began investigating a market in California for failing to pay overtime wages.  At the
08Jul2013

D.C. Circuit Nixes 2010 DOL Interpretation that Loan Officers Are Hourly Employees

  • By Amy McNally
  • 4 Tags
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By Kelline R. Linton, Junior Associate.   In a Fair Labor Standards Act (“FLSA”) case on Tuesday (July 2), the D.C. Circuit Court of Appeals invalidated the 2010 DOL interpretation that declared loan mortgage officers were hourly employees.  The Court’s holding was not based on the merits of the 2010 interpretation; rather, the Court found
25Jun2013

Supreme Court Favors Employers in Discrimination and Retaliation Cases

  • By Amy McNally
  • 3 Tags
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By Linda H. Evans, Senior Associate.   In a pair of employment decisions on Monday (June 24) the Court ruled in favor of employers.  In the race discrimination claim, a cafeteria worker at an Indiana university had brought claims against a manager who had made derogatory remarks about her.  The employee believed that the university
19Jun2013

Unpaid interns: The field is changing!

  • By Amy McNally
  • 3 Tags
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By Linda H. Evans, Senior Associate.   Federal District Court judges in New York ruled on June 11, 2013, that Fox Searchlight Pictures had violated federal and state minimum wage laws by not paying interns who worked on the movie Black Swan.  This case could have a far-reaching impact, not just on the film industry,
12Jun2013

Background checks: Proceed with caution!

  • By Amy McNally
  • 3 Tags
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By Linda H. Evans, Senior Associate.   The EEOC filed lawsuits on June 11, 2013, against retailer Dollar General Corp, and a BMW manufacturing plant in South Carolina over their use of criminal background checks to screen out applicants or fire employees.  The agency claims the practice discriminates against African-Americans, who have higher arrest and
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