Overtime lawsuit from technical employees conditionally certified

A lawsuit over employee classification gained steam as a group of 9,800 current and former staff members at a major computer and electronics manufacturer received permission to conditionally function as a single class.

The plaintiffs, who represent a variety of different positions and expertise levels at the company, claim they were improperly compensated for their time and attendance while on the job, according to Business Wire. The workers say that they were incorrectly classified as salaried, exempt workers, meaning that they weren't required to be paid premium overtime rates or have their working times recorded in general.

A variety of exemptions to overtime payment exist under the Fair Labor Standards Act, including one specifically pertaining to computer-related occupations. The multi-part test that such workers must pass to qualify for the exemption includes a variety of requirements. These employees must work as computer analysts, programmers, engineers or under similar descriptions and perform duties that demonstrate a high level of proficiency with programming or analysis.

Improperly tracking large groups of employees can lead to severe financial problems through litigation and directly from the U.S. Department of Labor. The use of employee management software can create accurate records and mitigate liability.


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