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Dead line concept with businessman holding his head and flying wIn a wage and hour dispute, a former shift manager has accused the company of not paying him overtime wages. The Fortune 500 e-commerce company is based in Seattle, WA. Plaintiff worked in several warehouses in the San Francisco Bay Area. In the Contra Costa County Superior Court lawsuit, plaintiff states that upon his hiring, the position was described as mostly supervisory but the job was actuality mostly manual labor. The plaintiff’s legal team argues that improperly classifying him as exempt from overtime was in violation of California labor regulations. The case management conference is scheduled for 10/20/17.

According to the California Labor Commissioner’s Office:

A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted from overtime by the provisions of one of the Industrial Welfare Commission Wage Orders regulating wages, hours and working conditions.

Misclassifying employees as exempt is one of the most common wage and hour violations.  Misclassification occurs when employees are classified “exempt from overtime” incorrectly, resulting in savings to the employer.

The U.S. Department of Labor, Wage and Hour Division, tell us that to qualify for the executive employee exemption, all of the following tests must be met:

  • The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;
  • The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
  • The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
  • The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

Wage and hour disputes expert witnesses are experienced working with labor and employment litigation. They analyze payroll records, job descriptions, and employment contracts to determine if allegations of lost wages are valid. These experts are up to speed on federal regulations and statutes such as the Fair Labor Standards Act as well as state laws and rules. Contact ForensisGroup to find the highly qualified expert right for your case.