Fair Labor Standards Act (FLSA) cases involve withholding pay, overtime and unfair wage practices. Examples include:
1. Store managers, assistant managers, and department managers are many times classified as Executive Exempt in order to keep from paying them overtime. They do not qualify for this exemption, because their primary duty is not management, but is more in line with the duties of hourly employees. The Legal Aid Justice Center would like to review the case of any employee who has been classified as any type of manager who is doing work more in line with hourly employees.
2. Companies classifying employees as independent contractors. Many companies try to completely avoid FLSA responsibility by claiming their workers are not employees at all, but are instead independent contractors. When classified as independent contractors, companies can avoid paying overtime, training pay, payroll taxes, workman’s comp premiums, unemployment insurance, etc.
These misclassifications of employees occur in many service related industries. The lawyers of the Legal Aid Justice Center have seen this in the construction industry, delivery services industry, stocking vendors, maintenance crews, food processing plants, dental assistants, waitresses, nail salons, nurses, secretaries, and landscaping crews, just to mention a few.
The Legal Aid Justice Center would like to review any case where a worker is classified as an independent contractor but has very little control over his or her work.
3. Legal Aid Justice Center is also interested in looking at cases dealing with hourly employees who are routinely required to work “off the clock”.