Berger & Montague, P.C. is investigating potential class
action lawsuits on behalf of workers who have been reclassified
from exempt to non-exempt employees under the Fair Labor Standards
the Fair Labor Standards Act?
Fair Labor Standards Act (FLSA) is a federal law that establishes
minimum wage, overtime pay eligibility, recordkeeping, and child
labor standards. Most employees in the private sector and federal,
state, and local governments are entitled to overtime wages. The
FLSA defines "overtime" as working more than 40 hours per week.
However, there are "exemptions," or employees who do not qualify
for paid overtime. The following employees are considered exempt
under the FLSA:
- Executives: Anyone whose primary duty is to
manage a company or a department within a company
- Administrators: Anyone whose primary duty is
to manage general business operations
- Leaned Professionals: Anyone whose work
requires advanced knowledge in a particular field
- Creative Professionals: Anyone whose work
requires imagination and talent in a recognized artistic field
- Computer Professionals: Anyone employed as a
computer systems analyst, computer programmer, software engineer,
or other similar professions
- Sales Professionals: Anyone whose primary duty
is to make sales and is regularly engaged away from the office
- Highly Compensated Employees: Anyone who earns
$100,000 or more annually
certain employees misclassified as exempt?
Employers typically misclassify employees for one of two
- They misunderstood the FLSA and thought the employee was
- They intentionally misclassified the employee as exempt in
order to avoid paying overtime wages.
companies reclassifying employees now?
Companies are reclassifying employees from exempt to non-exempt
- The Department of Labor (DOL) is going after companies that
misclassify its employees as exempt.
- Numerous class action lawsuits filed by employees who were
misclassified have been settling for large sums of money.
If you have been reclassified from an exempt to a non-exempt
employee, contact Berger & Montague. You may be entitled to
unpaid overtime wages from when you were misclassified.
have to pay to consult with an attorney?
We are happy to talk with you about your potential claims free
of charge. If we decide to represent you in a lawsuit, we will
enter into a written contingent fee agreement with you. A
contingent fee agreement means we only get paid if we win, and that
we will receive our fees from the amount paid by the Defendant in
Please contact us to discuss the details of your case You
- Use the contact form on this page ("Inquire About Your
- Email email@example.com
- Call (800) 424-6690
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