On March 2, 2016, the U.S. Court of Appeals for the Sixth Circuit held that residential loan underwriters of Huntington National Bank are administrative employees under the FLSA and therefore not entitled to overtime pay. The primary duty of an underwriter is to decide whether or not a customer qualifies for a desired loan, relying
In its February 16, 2016 decision in Tsyn v. Wells Fargo Advisors, LLC, Case No. 14-cv-02552-LB, the federal district court for the Northern District of California confirmed that licensed financial advisors qualified for the administrative exemption under the Fair Labor Standards Act (FLSA). Specifically, the plaintiffs’ primary duties fell within the examples of exempt
On December 18, 2015, North Carolina Gov. Pat McCrory signed an executive order establishing an “Employee Classification Section” within the state’s Industrial Commission. The Order, which took effect immediately, tasked this new Section with overseeing employee misclassification enforcement by receiving reports of employee misclassification and referring those reports to appropriate state agencies for further action.
Gov. Andrew Cuomo signed several bills into law on Saturday, November 21, 2015. However, one piece of legislation that did not make it past his desk was a measure that would have created a special test under which newspaper carriers could more easily be classified as independent contractors as opposed to employees for purposes of