John F. Fullerton III, Douglas Weiner, and Margaret Thering, attorneys in the Labor and Employment practice, in the New York office, cowrote an article titled "The Administrative Exemption from Overtime Pay Continues to Plague Employers: Is There a Cure?"
Following is an excerpt:
The plague of lawsuits for unpaid overtime compensation by employees who claim that they were misclassified by their current or former employer as "exempt" from overtime under the "administrative" exemption of the Fair Labor Standards Act shows no signs of receding. These lawsuits continue to present challenges to employers, not just in terms of the burdens and costs of defending the cases, but in the uncertainty of the potential financial exposure.
