The administrative exemption of the Fair Labor Standards Act (“FLSA”) is one of the most litigated areas of overtime law. Because the administrative exemption regulations can be confusing, it provides a prime opportunity for employers to violate the law. One of the elements of proving the administrative exemption is evidence…
Many times companies automatically classify its “managers,” “supervisors,” or “bosses” as exempt from overtime under the Executive Exemption when in reality the employees are actually entitled to overtime. In order to determine whether an employee is entitled to overtime, you must look at the employee’s job duties – not their…
Recently, a United States federal district court granted employees’ request for conditional certification in an overtime case filed by assistant store managers (“ASM”). The ASM filed an overtime collective action alleging that Burlington Coat Factory failed to pay them overtime wages for the hours they worked over 40 in a…