The Ninth Circuit U.S. Court of Appeals adds another chapter in the saga of whether pharmaceutical sales representatives qualify for the FLSA's "outside salesman" exemption.
H.R. 631 would amend the FLSA to increase the required cash wage for tipped employees by more than 150%, from the current $2.13 per hour to at least $5.50 per hour.
The DOL/ABA "Bridge to Justice" initiative remains neither transparent nor open, at least where employers are concerned.
A timekeeping requirement, an hours-worked expectation, and a make-up policy for exempt supervisors do not destroy the FLSA's "salary basis" of pay.