Aaron Lubeley Quoted in The Recorder

“Overtime, Take Two”

Aaron Lubeley was quoted in the article “ Overtime, Take Two,” published in the October 12, 2007 issue of The Recorder.  The article examines lawyers who claim that certain retail companies that have already settled overtime suits, like the Rite Aid pharmacy chain, have made few changes for some of the very employees who sued them the first time.  By suing repeat defendants, plaintiff lawyers hope to use the earlier suits to show that second-time defendants willfully violated California labor laws, a finding that would help get the courts to award punitive damages.

Aaron notes, “Under state labor laws, employees can create liability for companies by showing that most of their daily activities are non-managerial, routine tasks.  That shifts the burden of proof to the employer to prove otherwise.“  He points out that, “many lawyers advise clients to reclassify and pay overtime to all employees whose managerial status is determined by the amount of time they spend on routine tasks."  Aaron suggests, that if you are not able to police how your employees spend their time or don’t have the means by which to do it, then you should reclassify to avoid the risk.