I previously wrote a blog about the challenges associated with properly classifying assistant managers. These challenges exist because there are gray areas in the law with respect to what combination of job duties makes a manager exempt and because it is hard to tell whether managerial work is actually the employee’s primary duty. As JPMorgan recently learned, the failure to properly classify assistant managers can be extremely costly, having just agreed to pay $16.7 Million to settle an overtime lawsuit brought by a class of their assistant managers. As evidenced by this settlement, the uncertainty associated with proper classification can prove costly, especially when coupled with the FLSA’s provisions that provide for both class proceedings and additional statutory damages. Proper classification is critical for all positions since misclassification is one of the most common causes of overtime litigation.
If you have any questions about classifying employees or overtime issues, please contact me at firstname.lastname@example.org or 410.209.6449.
To learn more about our Overtime and FLSA Practice, visit here.
ABOUT RUSSELL BERGER
Russell Berger is an accomplished labor and employment attorney who is well-versed in litigating in both state and federal courts, as well as providing counsel to employers on employee matters. He represents employers, businesses and professional clients in employment disputes throughout the country. Mr. Berger primarily focuses on litigating and counseling clients regarding matters of minimum wage and overtime under the Fair Labor Standards Act and state laws, wrongful termination, non-compete agreements, and employment and severance agreements. Mr. Berger’s practice also includes handling claims and providing counsel regarding retaliation, discrimination and harassment (under Title VII and state anti-discrimination laws), as well as under other federal statutes, such as the Family Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), and American with Disabilities Act (ADA). He also provides general counsel to businesses, including with respect to commercial, contracting, and insurance matters.
ABOUT OFFIT KURMAN
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