According to the U.S. Court of Appeals for the Ninth Circuit, the mortgage underwriters in the matter of McKeen-Chaplin v. Provident Savings Bank do not qualify for the Fair Labor Standards Act’s (“FLSA”) administrative exemption and must be paid overtime. The Court’s ruling serves as a reminder of the importance of an employee’s primary duties in determining the application of an exemption.  

We’ve all been there. An employee is not meeting performance expectations and you are told that termination is “risky.” Why can’t we just terminate? The employee is “at-will.” Why must we wait? What are my options?