Misclassifying Employees as Exempt

Royal Farms Unpaid Overtime for Training Settlement

Two Farms, Inc., which does business as Royal Farms, is settling a collective action brought under the Fair Labor Standards Act (FLSA) alleging that it misclassified certain employees as exempt from overtime. The complaint alleged that the company did not pay Store Leaders in Training the overtime they were due during the Store Leader in  Read more

Primary Provider Management Misclassifying Employees as Exempt Settlement

This settlement resolves a class action against Primary Provider Management, Inc., Agilon Health, Inc., Cyber Pro Systems (which does business as Medical Data Exchange, Inc.), and MDX Hawaii, Inc. for alleged violations of California wage and hour labor laws and the Fair Labor Standards Act (FLSA). According to the complaint, the companies misclassified nurses who  Read more

Kohl’s Misclassification of Assistant Store Managers New York Class Action

The first sentence of the complaint for this class action makes a flat statement: “Retail employers must pay overtime to their assistant managers unless their primary duty is management.” It attributes this requirement to New York Labor Law. However, the complaint contends, Kohl’s Department Stores, Inc. and Kohl’s Corporation misclassify assistant stores managers as exempt  Read more

JPMorgan Chase Misclassification of Investigators FLSA Class Action

This class action is another alleging the misclassification of employees as exempt from overtime pay combined with allegedly excessive expectations of quotas to be met during working hours. The complaint alleges that JPMorgan Chase Bank, NA violates the federal Fair Labor Standards Act (FLSA).  Read more

Aetna Care Management Employee Misclassification FLSA Class Action

One of the most common allegations in labor class actions is the misclassification of employees as exempt (from overtime pay). The complaint for this class action alleges that Aetna Life Insurance Company and Aetna, Inc. misclassified certain categories of employees. In so doing, the complaint says, it violated the Fair Labor Standards Act (FLSA).  Read more

Target Misclassification of Executive Team Leaders HR California Class Action

The complaint for this class action alleges that Target Corporation misclassified some of its employees as exempt from overtime and other legal labor requirements. In this case, it’s employees who held the position of Executive Team Leader—Human Resources (ETL-HR), who allegedly did not spend most of their time performing managerial functions. The laws referenced are  Read more

Charter Communications Misclassified Direct Sales Reps as Exempt California Class Action

One violation of labor laws can create a ripple effect of other violations. If an employer has misclassified a worker as exempt (from overtime pay), for example, that may indicate a whole host of other labor requirements that the employer has therefore not observed. The complaint for this class action alleges that Charter Communications, LLC  Read more

Hertz, Dollar, Thrifty “Exempt” Location Managers NYLL Class Action

This class action covers a common complaint in the labor force: the nonpayment of overtime hours because of employee misclassification. The complaint alleges that Hertz Corporation, operating through its Hertz, Dollar, and Thrifty brand car rental agencies, wrongly classified its location managers as exempt employees, thereby avoiding the New York Labor Law (NYLL) that requires  Read more

ZipRecruiter “Exempt” Employees Overtime Pay FLSA Collective Action

An “exempt” employee is one who does not have to be paid overtime. The complaint for this class action alleges that ZipRecruiter, Inc. and those who owned the company misclassified certain employees as exempt and did not pay them overtime as they were required to do by the federal Fair Labor Standards Act (FLSA).   Read more

American Express, Sales Partnerships Merchant Services Overtime FLSA Class Action

American Express Company has a long history: It was founded in 1850 and is one of only thirty companies from which the Dow Jones Industrial Average is derived. So how did they end up in a basic labor case? The complaint for this class action brings suit against them and against a company it claims  Read more