White collar exemption: a trap for the unwary
The National Law Journal
April 19, 2010
Michael Starr- New York
Labor, Employment and Benefits Partner Michael Starr authored a National Law Journal article titled, "'White collar' exemption: a trap for the unwary."
In many organizations today, it is frequently assumed by human resources and other managers that they need not pay overtime to highly compensated employees who perform jobs requiring a high degree of knowledge and skill. That, however, is not the standard under the Fair Labor Standards Act (FLSA). Rather to be exempt, the individual must have as his or her "primary function" duties that satisfy the regulatory requirements for executive, administrative and professional employees. For that reason, it cannot be determined whether an employee is eligible for the "white collar" exemption unless one understands the individual's actual job functions and responsibilities. In this article, Mr. Starr discusses two recent decisions of the U.S. Court of Appeals for the 2d Circuit that show how employers get themselves into trouble when they categorize salaried employees who do not qualify for exemption as "exempt" from the FLSA. To view the article, please click on the link below.
READ: 'White collar' exemption: a trap for the unwary
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