The Fair Labor Standards Act provides a guarantee of minimum wage and also mandates the payment of overtime premiums for work done in excess of 40 hours per week. However, Many exemptions and exemptions exist under this Act. Therefore the FLSA is increasingly the subject of employee claims.
The Chapar Firm recently was called upon to defend a long time client against claims by a former employee that the former employee was owed overtime premiums. The Firm asserted the defense that the employee in question was exempt from the overtime provisions of the FLSA, on the basis that the employee was exempt under the “administrative” exemption.
That exemption applies where:
• The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
• The employee’s primary duty includes the exercise of discretion and independent judgment with respect
to matters of significance.
The former employee was employed in the admissions department of a private school. She was responsible for evaluating whether prospective students met the requirements for admission.
The case proceeded through discovery. The firm then filed a Motion for Summary Judgment. After significant briefing the Court granted judgment to the client and dismissed the case. A copy of the order is attached.
We are ready to assist you understand the FLSA.
Case: Tammy Drummonds v. HMS Educational Services, Inc.