Fish v. Pompton Restaurant Assocs., Inc., 2010 WL 2867921 (App. Div., July 20, 2010) – In this case, the Appellate Division rejected a catering manager’s claim for overtime, also under the administrative exemption. The court identified the following specific factors supporting its finding: 1) she booked events at the banquet hall; (2) she planned menus with individual customers; (3) she ensured that the chefs complied with customers’ special requests; (4) she had discretion to negotiate prices with potential customers; (5) she did not have to punch in and out like other employees; and (6) she directed the waitstaff when necessary.


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Practice Group

Employment Law

Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.

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Practice Group

Wage and Hour

Ogletree Deakins’ Wage and Hour Practice Group features attorneys who are experienced in advising and representing employers in a wide range of wage and hour issues, and who are located in Ogletree Deakins’ offices across the country.

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