Wage & Overtime

Misclassification & Exemptions

Outten & Golden attorneys have the experience and expertise to challenge employers who misclassify their employees and owe them premium overtime pay. Under the Fair Labor Standards Act (the federal employee pay protection statute), all employees must be paid time-and-a-half overtime pay for all hours worked over 40 in a workweek, unless they meet one of the specified exemptions. Many employees who receive salaries have been misclassified as exempt by their employers and are legally entitled to overtime pay. Outten & Golden's Class & Collective Action Practice Group has the experience and ability to assess whether an employee fits within one of the narrowly defined exemptions and to analyze both the law and particular job responsibilities. 

For over a decade, Outten & Golden has been highly focused on misclassification collective actions, successfully recovering hundreds of millions of dollars of owed overtime pay for workers.* Through the efforts of Outten & Golden attorneys, scores of employees who were misclassified as “salaried” by their employers have been paid the overtime due to them in retail and restaurant establishments, customer service agencies, mortgage lending departments, and other industries. 

(*Prior results do not guarantee a similar outcome.)


Labor Department Beats the Misclassification Drum

thomsonreuters.com—Carlyn Kolker

The Department of Labor is working with state agencies, zeroing in on certain industries and weighing in on private lawsuits, in an effort to end misclassification of workers, a top department lawyer said on Tuesday.

"Just because an individual is labeled an independent contractor does not mean they are," said Katherine Bissell, a deputy solicitor at the Department of Labor.

Bissell was speaking at a conference in New York sponsored by the American Bar Association's section on labor and employment.

Workers who are classified as independent contractors typically do not receive benefits such as...