Publications

Exempt Employees May Receive Overtime Pay

January 5, 2004

Margellius Anunobi worked as a salaried pharmacist for Eckerd and was classified as an exempt professional employee under the Fair Labor Standard Act's (FLSA) white collar exemption. Anunobi challenged his exempt status and sued Eckerd to recover unpaid overtime compensation.

One of the key facts relied on by Anunobi was Eckerd's practice of paying premium pay to exempt employees; specifically, Eckerd paid $5.00 per hour for each hour worked in excess of 40 in a given workweek. Anunobi contended this extra hourly-based payment was inconsistent with salary-basis compensation and defeated his exempt status under the FLSA. The trial court disagreed and held that an employer's payment of "premium pay" for overtime hours does not negate an employee's salary status. Accordingly, employers should now feel free to reward their salaried employees with additional hourly-based compensation without fear that those payments will defeat the white collar exemption.

Firm Highlights

Publication

The Trifecta: ADA, FMLA, and Workers Compensation

A look into ADA, FMLA, and Workers Compensation from both the HR and Risk Management side. How do they work together? Listen as Kevin and Senior Risk Manager of Patterson Companies, Maggie Hobbs discuss...

Publication

Is Sexual Orientation Discrimination Unlawful? Supreme Court to Decide!

Listen to HR attorneys Kevin Mosher and Stephanie Rojo discuss sexual orientation discrimination and transgender discrimination issues and the exciting cases before the Supreme Court.  Will SCOTUS find that federal law protects employees and...

Publication

Paid Sick and Safe Leave

When you think of Texas do you think of mandatory paid time off laws? How would Paid Sick and Safe Leave affect your HR policies? Join Kevin and Erin McNamara as they discuss this...

Event

ABCs of Employment

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ADA Accommodations that Come with Fur and a Tail

Boa constrictors in the workplace?  Do we have to accommodate all employee pets?  Join HR attorneys Kevin Mosher and Laura Alaniz for a fun and informative discussion on pets in the workplace.   

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Interviewing Tips and Tricks

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Flextime in the Workplace

Is flextime right for your office? How do you keep confidential information confidential when employees are working off site? Listen as Kevin Mosher talks to Bill Kelly, HR Director of Vinco, Inc., about piloting...

Experience

Fifth Circuit Decision Secured In Civil Rights Case

Dallas partner John Ross, obtained a favorable decision from the Fifth Circuit Court of Appeals on behalf of his clients, El Paso Hospital District and two of its nurses, on civil rights, constitutional, and...