Wage and HourAndrea M. Kirshenbaum, The Legal Intelligencer
Employee Misclassification Litigation Is on the Rise
On Jan. 10, conditional certification was granted to a nationwide collective action of some 1,750 human resources employees employed by Lowe's. The workers' allegation? That they were misclassified by the home improvement chain as "exempt" under the Fair Labor Standards Act (FLSA), and thus not paid overtime for hours worked more than 40 in a workweek.