Aon Corp. settled a class action wage and hour lawsuit for $10.5 million. In the Complaint, the plaintiffs averred that Aon misclassified employees as exempt from overtime and meal and rest break requirements, including employees who held the titles like account specialist, senior account specialist, relationship specialist, account manager, client specialist, client services representative and/or customer service representative.
The Fair Labor Standards Act (FLSA) requires that most employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half for all hours worked over 40 hours in a workweek, § 13(a)(1) provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. The title does not really matter as the courts will focus on actual job responsibilities and performance. Thus, employers can’t simply avoid FLSA overtime and break requirements simply by slapping a fancy title on the receptionist, waiter, bookkeeper, or salesperson. How do you know if you fall into this category? Best bet is to call the right attorney to help you figure it out.
If you even think that your employment rights have been violated or that you might need an employment lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. The Spitz Law Firm is dedicated to protecting employees’ rights and solving employment disputes.
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