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Properly prorating salary for exempt employees

  • Franczek Radelet PC
  • -
  • USA
  • -
  • November 5 2012

If you are a regular reader of this blog, you are hopefully familiar by now with the notion that exempt employees generally must be paid their full weekly salary for all workweeks in which they perform any work

Supreme Court finds pharmaceutical representatives exempt from overtime

  • Franczek Radelet PC
  • -
  • USA
  • -
  • June 18 2012

This morning the U.S. Supreme Court ruled 5-4 that pharmaceutical representatives are "outside salesmen" exempt from the overtime requirements of the Fair Labor Standards Act

Paying on a "salary basis" requires actual payments

  • Franczek Radelet PC
  • -
  • USA
  • -
  • April 26 2012

As we have discussed before, to be considered an exempt executive, administrative, or professional employee, most employees must be paid on a "salary basis," meaning that they receive a fixed salary for each workweek regardless of the number of hours worked or the quality or quantity of work performed

Mario Batali restaurants settle tip pool lawsuit for $5.25 million

  • Franczek Radelet PC
  • -
  • USA
  • -
  • March 12 2012

The latest news in celebrity chef wage and hour litigation is that eight New York restaurants owned by Mario Batali have agreed to settle $5.25 million to settle a class action lawsuit alleging that they illegally withheld tips from hourly service workers

4th Circuit: FLSA prohibits retaliation for internal complaints

  • Franczek Radelet PC
  • -
  • USA
  • -
  • February 7 2012

According to the facts described in her complaint, Kathy Minor was hired by Bostwick Laboratiries, Inc. as a medical technologist on December 24, 2007

Justices deny review of pplebee's tip Acredit ruling

  • Franczek Radelet PC
  • -
  • USA
  • -
  • January 24 2012

In May, my partner Staci reported on a ruling against Applebee's by the 8th Circuit Court of Appeals, holding that tipped employees who spent more than 20 percent of their working time on nontipped activities like cleaning restrooms were entitled to the federal minimum wage of $7.25 per hour

When are student assistants "employees" under the FLSA?

  • Franczek Radelet PC
  • -
  • USA
  • -
  • November 17 2011

Last month, a federal judge in New York granted preliminary approval for a settlement in which Hofstra University agreed to pay up to $485,000 to a class of 256 undergraduate and graduate students who allegedly were not paid minimum wage and overtime in violation of the Fair Labor Standards Act

Even best practices can't always ensure quick dismissal of wage & hour claims

  • Franczek Radelet PC
  • -
  • USA
  • -
  • November 7 2011

You're a savvy employer

New Supreme Court term promises a range of labor and employment cases

  • Franczek Radelet PC
  • -
  • USA
  • -
  • October 5 2011

The U.S. Supreme Court opened its 2011-2012 term this Monday

Tenth Circuit rules donning and doffing protective equipment held to be compensable

  • Franczek Radelet PC
  • -
  • USA
  • -
  • July 11 2011

The question of whether to pay employees for putting on protective gear has plagued employers for years