8th Circuit nails down hire/fire prong of the executive exemption

On March 17, 2014, the 8th Circuit examined the hiring/firing prong of the Fair Labor Standards Act's (FLSA) executive exemption. Specifically, the court found that an employer failed to establish that two employees had the authority to hire/fire workers and it didn't give "particular weight" to their suggestions about personnel decisions. As a result, the employees weren't exempt from overtime as executives under the FLSA. Read More...