Similar Worker Units Don't Kill FLSA Exec Rule: 2nd Circ.

Law360, New York (July 12, 2012, 5:47 PM EDT) -- The Second Circuit on Thursday upheld a lower court's decision that designated a group of warehouse workers as executives exempt from overtime pay under the Fair Labor Standards Act, finding that a department of employees can still be recognized as distinct when it is basically identical to other departments in the company.

A three-judge panel held that teams of employees supervised by the plaintiffs are recognized subdivisions of the company even if they perform nearly identical tasks, which allows the supervisors to be classified as executives...
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