5th Circ. Says Real Estate Co. Can't Skirt FLSA's OT Rules

Law360 (April 3, 2020, 9:59 PM EDT) -- A Texas real estate company broke the law when it paid its property tax consultant employees as if the workers were exempt from the overtime provisions of the Fair Labor Standards Act when they actually were not, the Fifth Circuit said Friday.

A three-judge appeals panel said Houston-based Patrick O'Connor & Associates LP was wrong to claim the workers fit into a legal loophole meant for employees who perform duties directly related to "management or general business operations."

O'Connor & Associates had argued the property tax consultants fit that criteria because they have a fiduciary duty to the firm's clients and...

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