FLSA Administrative Exemption – It Is Not What You Think It Is

The number one class action lawsuit for several years running is FLSA claims for overtime pay.

 

The lawsuits can be based on inaccurately recorded or calculated work hours, work hours before “going on the clock” or after one clocks out.  Employees answering emails after work hours and working at home are often issues.  That the hours were not authorized to be worked is not a defense, if the employer knew or should have known the work was being performed. And then there is the misclassification of workers as exempt employees, and the leading problem is the misuse of the Administrative worker exemption.

 

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