Wage and Hour

Employee Misclassification Litigation Is on the Rise

, The Legal Intelligencer


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.

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