Worker classification may also involve a determination of whether an employee is exempt or nonexempt under the Fair Labor Standards Act.  The FLSA generally requires, among other things, overtime pay for all nonexempt employees who work over 40 hours per week.  Typical FLSA worker classification lawsuits involve workers challenging their employer's classification of them as exempt from overtime pay for FLSA purposes.

When examining FLSA classification issues, courts typically rely on a variety of factors.  The title of the employee or whether an employee is paid hourly does not determine whether that employee is exempt or nonexempt for FLSA purposes.  Rather, the type of work that an employee performs is generally the factor that courts examine to determine whether that employee is entitled to overtime pay. 

FLSA overtime lawsuits most often involve the denial of overtime pay, failure to record “off-the-clock” hours, or failure to include “wage augments” when calculating an employee’s overtime pay.  These lawsuits subject employers not only to possible liability for past overtime expenses, but also liquidated damages and attorneys’ fees.

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