First Circuit Issues Opinion Clarifying FLSA's Administrative Exemption

On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair Labor Standards Act's (FLSA) administrative exemption, and thus whether the employee is entitled to overtime payments under the FLSA. The court of appeals also addressed the plaintiff's claim that the defendant had retaliated against him in violation of the act for having filed a wage complaint against it with the U.S. Department of Labor (DOL), and in so doing, shed light on the evidence required to survive summary judgment on an FLSA retaliation claim.

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