Practice Area: Employment Law & Unpaid Wages
Case Status: Under Investigation
Berger Montague is investigating potential class action lawsuits on behalf of workers who have been reclassified from exempt to non-exempt employees under the Fair Labor Standards Act.
What is the Fair Labor Standards Act?
The Fair Labor Standards Act (“FLSA”) is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards. Most employees in the private sector and federal, state, and local governments are entitled to overtime wages. The FLSA defines “overtime” as working more than 40 hours per week.
However, there are “exemptions,” or employees who do not qualify for paid overtime. The following employees are considered exempt under the FLSA:
- Executives: Anyone whose primary duty is to manage a company or a department within a company
- Administrators: Anyone whose primary duty is to manage general business operations
- Learned Professionals: Anyone whose work requires advanced knowledge in a particular field
- Creative Professionals: Anyone whose work requires imagination and talent in a recognized artistic field
- Computer Professionals: Anyone employed as a computer systems analyst, computer programmer, software engineer, or other similar professions
- Sales Professionals: Anyone whose primary duty is to make sales and is regularly engaged away from the office
- Highly Compensated Employees: Anyone who earns $100,000 or more annually
Why are certain employees misclassified as exempt?
Employers typically misclassify employees for one of two reasons:
- They misunderstood the FLSA and thought the employee was exempt.
- They intentionally misclassified the employee as exempt in order to avoid paying overtime wages.
Why are companies reclassifying employees now?
Companies are reclassifying employees from exempt to non-exempt because:
- The Department of Labor (“DOL”) is going after companies that misclassify its employees as exempt.
- Numerous class action lawsuits filed by employees who were misclassified have been settling for large sums of money.
If you have been reclassified from an exempt to a non-exempt employee, contact Berger Montague. You may be entitled to unpaid overtime wages from when you were misclassified.
Do I have to pay to consult with an attorney?
We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and that we will receive our fees from the amount paid by the Defendant in the case.
Please contact us to discuss the details of your case. You may: