FLSA White Collar Misclassification Lawsuits Continue to be Fertile Ground For Litigation

Effective August 2004, the Department of Labor ( DOL) implemented new regulations defining the FLSA’s executive, administrative, and professional exemptions became effective in August 2004. See 29 C.F.R. 541.0, et seq. Under these white collar exemptions, companies can avoid paying overtime to workers who receive a weekly salary of over $455 and perform executive, administrative, and professional. The regulations generally sought to expand the scope of the exemptions, leaving fewer workers with FLSA overtime benefits.

Fortunately, the revised regulations have not deterred trial lawyers from protecting the wage and hour rights of salaried workers who are managerial in job title only. For example, The Winebrake Law Firm recently obtained federal court settlements for various salaried employees who alleged that they were misclassified as exempt under the white collar exemptions.

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