Topic
Exemption
103 published works
Wage and Hour Defense Blog
New Wage and Hour Opinion Letters on Nondiscretionary Bonuses, the Highly Compensated Employee Exemption, and Rounding Practices
By Jeffrey (Jeff) H. Ruzal, Carly Baratt
After a brief, two-month hiatus, the Wage and Hour Division of the U.S. Department of Labor (“WHD”) has issued another round of opinion letters answering various questions submitted by the…
Corporate & Financial Weekly Digest
SEC Requests Public Comment on Improving Private Security Offering Exemptions
By Michael T. Foley, Timothy D. Kertland
On June 18, the Securities and Exchange Commission requested public comment on ways to simply harmonize and improve the private securities offering exemptions from registration under the Securities Act of…
Law and the Workplace
Second Circuit, Relying on SCOTUS Instruction, Rejects “Narrow Construction” Principle for FLSA Exemptions
By Allan Bloom
In two decisions issued on September 19, the Second Circuit relied on the Supreme Court’s instruction in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134, 1140 (April 2, 2018) that…
Corporate and Securities Law
SEC Raises Threshold for Additional Disclosures Under Rule 701
Plane-ly Spoken
UAS Busting the Exemption Myths . . . Part One
The FAA made a big splash a few days ago when it granted the first Section 333 exemptions for six cinematography companies. Of course, reading second- and third-hand news reports,…
GT L&E Blog
A Closer Look At FLSA’s Computer Professional Exemption
By Greenberg Traurig, Greenberg Traurig
Shareholder Jerrold Goldberg, with the assistance of Practice Group Attorney Melanie Sarver, recently published an article in Law360 discussing the Fair Labor Standards Act (FLSA). The FLSA requires the payment…
Wage & Hour Litigation Blog
Can We Finally Retire the Notions of Construing The FLSA’s Overtime Provisions Broadly But Its Exemptions Narrowly?
Co-authored by Noah Finkel, Colton Long, Kyle Petersen, and John Giovannone Seyfarth Synopsis: FLSA cases holding against employers typically invoke a canon of construction that the FLSA should be construed…
California Employment Law Update
Mortgage Underwriters Are Not Exempt From FLSA Overtime Requirements
By Tony Oncidi
McKeen-Chaplin v. Provident Sav. Bank, 2017 WL 2855084 (9th Cir. 2017) Mortgage underwriters at Provident Savings Bank review mortgage loan applications using guidelines established by Provident and investors in the…
Wage & Hour Litigation Blog
Finally Briefed: DOL Files 5th Circuit Reply Defending its Authority to Set Salary Level for EAP Exemptions
By Kevin Young
Co-authored by Brett Bartlett, Alex Passantino, and Kevin Young At last, the federal government has filed its reply brief in the Fifth Circuit concerning its appeal from a Texas district court’s…
Wage & Hour - Developments & Highlights
Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?
It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to…