Spencer Fane attorney Amy L. Mitchell wrote the article Fifth Circuit Clarifies Highly Compensated Employee Exemption in FLSA Case recently published by Texas Lawyer.
In Amy’s article, which originated as a firm blog post, she discusses a Fifth Circuit ruling clarifying how the Fair Labor Standards Act’s (FLSA) highly compensated employee exemption is applied. The court emphasized that high-earning employees may be exempt from overtime if they regularly perform at least one qualifying job duty, even if their role does not fit neatly within a traditional exemption. She highlights how the decision offers broader guidance for employers and employees on how salary and job responsibilities interact under federal wage and hour law.
“For employers, this decision provides a clearer roadmap for defending against overtime claims from high-earning employees. For employees, it’s a reminder that salary level and job duties both play a role in determining FLSA coverage,” Amy wrote.
At the firm, Amy represents clients through a wide range of litigation matters, including personal injury, construction defect, oil and gas, commercial litigation, shareholder disputes, class actions, multiparty death cases, and appeals. During nearly four decades as an attorney, she has handled more than 3,000 litigation cases and successfully tried over 80 trials by utilizing her multifaceted skills as a powerful trial advocate and certified arbitrator to achieve favorable outcomes both in and out of the courtroom.
Read Amy’s full article here. Please note, a subscription may be required.