Mark Neuberger Discusses Need for FSLA Administrative Exemption Overhaul

Foley & Lardner LLP Of Counsel Mark Neuberger is quoted in the Law360 article, “FLSA Administrative Exemption Set For An Overhaul,” discussing the need for overhauling the “amorphous” criteria of the Fair Labor Standard’s (FLSA) administrative exemption.

Neuberger said the exemption is commonly misunderstood to simply apply to administrative employees, and the reality of the regulatory requirements can seem counterintuitive to common business sense.

“[The FLSA was passed at the height of the [Great] Depression when men went to work and if you wore a white shirt, you were exempt, and if you wore a blue shirt, you were non-exempt. That doesn’t apply in 2023,” Neuberger explained. “Trying to apply [the administrative exemption] to today’s work environment is exceedingly difficult.”

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