Defending Restaurant Manager Misclassification Claims


Adriana S. Kosovych, an Associate in the Employment, Labor & Workforce Management practice, in the firm’s New York office, authored an article in Law360, titled “Defending Restaurant Manager Misclassification Claims.” (Read the full version – subscription required.)

Following is an excerpt:

Recent lawsuits filed by restaurant managers claiming they are entitled to overtime pay suggest that exempt employee misclassification may reemerge as a leading hot topic in wage and hour lawsuits directed at hospitality owner/operators. Three recent collective and class actions illustrate this apparent trend and, more importantly, highlight key defense strategies that owner/operators may use if faced with an exempt misclassification lawsuit.