A Change in your Job Duties May Change your Overtime Exemption Status
An overtime lawsuit is often a class action suit in which a group of employees sue their employer for violations of federal and state overtime laws. These kinds of lawsuits regarding overtime are occurring today more than any other time in history. The ever increasing battle over wages stems from
(a) a dwindling economy and
(b) recent revisions to federal and state wage and hour laws.
From an economical standpoint, businesses are feeling the pressure from our recent recession and are cutting corners within the workplace to lean up their budgets and save as much money as possible. For some employers, this includes lay-offs, benefit cut backs, and hiring freezes. Those employees who are still left are seeing a shift in their job duty requirements, and in some cases, this shift changes their original exemption status from overtime under the FLSA.
In a current class action overtime lawsuit in California, a former assistant manager of a tanning salon chain is suing for overtime pay, stating that she does not spend most of her day managing others. Rather, she cleans the beds, works the register, and stocks merchandise. She and the other employees in this class could in fact win back overtime wages of time and half and/or double time, plus liquidated damages equal to double the back overtime owed and attorney fee reimbursement.
Job duties, not job titles, determine your exemption status under federal and state overtime law. The Federal FairPay Overtime Rules define these classifications, though some states have further clarified them. Current criteria changes in federal and state wage and hour law has caused a surge of confusion among employers, and they are making costly mistakes by misclassifying their employees as exempt from overtime.
Don’t be a victim; examine your position within your company as your exemption status could change. If you still are not sure, contact an overtime lawyer who can answer your questions by submitting our free Case Evaluation Form.