https://www.overlawyered.com/2015/01/labor-employment-roundup-38/ Chronicling the high cost of our legal system Wed, 04 Feb 2015 05:30:19 +0000 hourly 1 https://www.overlawyered.com/2015/01/labor-employment-roundup-38/comment-page-1/#comment-319073 Wed, 04 Feb 2015 05:30:19 +0000 http://overlawyered.com/?p=50482#comment-319073 […] Ironworkers Local 401 boss in union violence case [Philadelphia Inquirer, CBS Philly, earlier here, etc. on Quaker meetinghouse arson and other crimes] Pennsylvania lawmaker proposes to end […]

]]> https://www.overlawyered.com/2015/01/labor-employment-roundup-38/comment-page-1/#comment-317902 Fri, 16 Jan 2015 18:17:56 +0000 http://overlawyered.com/?p=50482#comment-317902 I am by no means an expert in labor law, but the article on overtime for salaried workers is totally and I imagine intentionally misleading. The salary-based test is only one of the basis for deciding whether an employee is exempt vs. non-exempt. The main factor as I’ve seen in my profession is the duties test. One of my co-workers who did many of the same work as I, was suddenly classified as non-exempt. Neither of us supervised anyone. My company was required to pay him back pay for the overtime he performed over the past two years. I may be wrong, but the likelihood that someone who is “mostly stocking shelves” will be classified as exempt is ludicrous.

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