Primary Duty Under FLSA A Question Of Fact: 10th Circ.

Law360, New York (January 4, 2012, 4:13 PM EST) -- The Tenth Circuit on Wednesday found that determining an employee’s primary duty was a question of fact, reviving a putative class action brought by Los Alamos National Laboratory security supervisors because there are still questions over whether they were entitled to overtime pay.

In a unanimous, published opinion, the appeals court held that determining which of an employee’s daily tasks was a primary duty under the Fair Labor Standards Act overtime exemption provisions was a question of fact, rather than an issue of law.

The appeals...
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