Temporary staffing agency workers file time and attendance lawsuit

A large temporary employment agency in Michigan is being sued by four employees for time and attendance violations.

According to Digital Journal, the plaintiffs allege purposeful employee misclassification on the part of the temporary agency as a way to circumvent overtime payments. Some were classified on executive, managerial and supervisory roles, all of which designate them as exempt under guidelines outlined in the Fair Labor Standards Act.

However, in order for this exempt status to become binding, certain thresholds must be met with regard to weekly salary and responsibilities related to the job functions. The plaintiffs allege that they would routinely work a minimum of 50 and a maximum of 60 hours in a workweek, well above the 40 hours considered to be standard, but their classification prevented overtime payments.

The suit was filed in the U.S. District Court for the Eastern District of Michigan Southern Division. Plaintiffs have asked the presiding judge to classify the case as a class-action litigation, as there could be other individuals employed as temporary employees with the company who could also be affected by FLSA misclassifications and non-payment of overtime.


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