As our Costa Mesa employment lawyer blog has discussed previously, the classification of "exempt" or "non-exempt" employees continues to be an important employment issue in businesses across the country--as employee misclassification can lead to federal and state wage and hour law violations affecting the employment rights of hardworking Americans.
In recent wage and hour lawsuit news, a Las Vegas T.J. Maxx retail chain was sued this week by shift supervisors who worked at a retail warehouse, claiming that they were misclassified as managers, and therefore denied their legal right to overtime compensation.
The shift supervisors, Patricia Foster and Carolyn Dunn Luksza, are seeking class-action status in order to represent other individuals in similar positions who have also experienced employee misclassification--which according to the lawsuit would include around 40 to 60 other shift supervisors in the Las Vegas distribution warehouse.
The lawsuit claims that the shift supervisors were improperly classified as 'exempt' from overtime benefits and paid on a salary basis--thus allegedly violating the Fair Labor Standards Act, as the employees routinely worked over forty hours per week. Under the FLSA, most non-exempt employees are entitled by law to receive overtime compensation when they work more than forty hours in a work week, at one and one-half their regular hourly pay rates.