In Opinion Letter FLSA2021-7, the second of four opinion letters released today, the U.S. Department of Labor clarified that journalists – no matter whether they work for a major newspaper or small-town community paper – may qualify for the creative professional exemption. In order to qualify, journalists must have a primary duty that requires,
DOL Issues Opinions Relating to the Outside Sales Exemption
On June 25, 2020, the U.S. Department of Labor (DOL) issued two opinion letters concerning the exemption of outside salespeople. In FLSA2020-6, the DOL opined that an employee qualifies for the outside sales exemption when deployed to high-population areas and events to sell products via stylized trucks (which is not itself a “place of
DOL Defines a “Month” for Retail or Service Establishment Exemption
In a September 10, 2019 opinion letter, FLSA2019-23, the U.S. Department of Labor was asked to interpret what a “month” means for purposes of the retail or service establishment exemption (29 U.S.C. 207(i)). In this exemption, an employee need not be paid overtime if the employee is employed by a “retail or
DOL Opinion Letter Clarifies Retail or Service Establishment Exemption
In another of the six opinion letters issued by the U.S. Department of Labor on August 28, 2018, the DOL clarified in FLSA2018-21, that an employer that sells technology to merchants that allow them to accept credit card payments from mobile devices is indeed, a “retail or service establishment,” for purposes of the Fair
US Department of Labor Issues New Fact Sheet for White Collar Exemptions In Higher Education Institutions
The Department of Labor Wage and Hour Division (WHD) recently released a new fact sheet providing guidance on the “white collar” exemptions under the Fair Labor Standards Act (FLSA) for positions common in Higher Education Institutions. These positions include teachers, coaches, professional employees, administrative employees, graduate teaching assistants, research assistants, and student residential assistants. As
Supreme Court Holds the FLSA Should Be Interpreted “Fairly” – Not “Narrowly” – While Deciding that Service Advisors Are Exempt
On April 2, 2018, the Supreme Court ruled in Encino Motorcars v. Navarro that car dealership service advisors (individuals that consult and sell customers on servicing solutions at car dealerships), are exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. While this is certainly a win for car dealerships, the biggest win for all
The “Other” FLSA Exemptions
Given the revised FLSA white-collar exemption regulations, and the associated December 1, 2016 hoop-la about the new $47,476 threshold, it is easy to get tunnel vision with those exemptions. If an employee doesn’t fit in them, they must be paid minimum wage and overtime, right? Not necessarily! Since they are often typical to a specific