Florida Injury Attorney Blawg
Exemptions are so common in FLSA cases that practitioners accepting new cases are wise to consider the possibility in all but the most obvious situations. Along with determining the amount of overtime hours, if any, logged by employees, disputes over the applicability or not of exemptions have formed the lion share of litigation in the FLSA cases handled in my office.
Common exemptions include (typically, salaried employees):
- Executives
- Administrators
- Professional
- Outside sales workers
- Some computer workers
Knowing the case law is a must, but can be frustrating and confusing as the decisions, both regarding factual patterns and legal pronouncements, run the gamut. In some cases, the practitioner is unable to make a clear determination. In those instances, instinct is often the best judge of whether or not a case should be pursued.
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