I recently re-read a terrific DOL Wage and Hour Division Opinion Letter explaining that salaried case managers are not covered by the FLSA’s administrative exemption to the overtime pay if their activities ”are more related to providing the Company’s ongoing, day-to-day case management services for its customers, which involve duties such as assessing costs of care, preparing a plan of care, and identifying and services to meet the customers’ needs.” See Opinion Letter FLSA 2007-7 (Feb 8, 2007). This is true regardless of whether the case manager has a bachelor’s degree or exercises significant discretion in recommending the type of care and services to be provided to the customer/client. This opinion letter serves as an important reminder that case managers, case workers, and social workers frequently are misclassified as exempt from the FLSA’s overtime pay mandate. Indeed, in the last year, WLF has successfully recovered overtime wages for case managers, caseworkers, and social workers throughout Southeastern Pennsylvania, including Bucks County, Montgomery County, and Philadelphia County.
Many Salaried Case Managers, Case Workers, and Social Workers Are Entitled to Overtime Pay