Outside Sales Exemption

Most New York employers are subject to both federal and state minimum wage and overtime requirements. Usually, this means the employer must pay its employees at least the minimum wage for all hours worked and time-and-a-half for hours over 40 in a week. There are, however, many exceptions to these requirements. This post addresses the … Read more

Employee Classification Mistakes

Let’s face it, most organizations are in business to do something other than worry about how they classify their employees. They have products or services to offer, and they want to do so efficiently and effectively. Unfortunately, because it’s not their area of expertise, many businesses make employee classification mistakes despite their good intentions. But, … Read more

Unpaid Intern FLSA

In 2010 the United States Department of Labor (DOL) issued guidance severely limiting for-profit companies’ ability to have unpaid interns. However, courts routinely rejected that rigid 6-part test. On January 5, 2018, the DOL modified its approach, adopting the “primary beneficiary” standard favored by the courts. Which test applies and the resulting analysis determines whether … Read more