"Employee Remained FLSA-Exempt Despite Withheld Pay," BloombergBNA

June 16, 2016

In an article published by BloombergBNA on June 15, 2016, Steven J. Whitehead provides insight on a recent decision in the U.S. Court of Appeals for the Eleventh Circuit.

The Court ruled that a highly paid, hourly computer engineer who falls within a Fair Labor Standards Act (FLSA) exemption cannot sue under the FLSA’s minimum wage provision for withheld pay. Mr. Whitehead states that this case—Pioch v. IBEX Eng’g Servs., Inc.—is a “great example of the ‘overreach’ on FLSA claims, which have grown ‘exponentially’ over the last decade,” thanks to  “archaic, poorly drafted” statute and regulations.

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