ATLANTA — A former case manager with the Atlanta law firm Morgan & Morgan PLLC filed suit against the firm for violating the Fair Labor Standards Act (FLSA) by misclassifying case managers as exempt from overtime pay. The lawsuit proposed a collective class of case managers who worked at the firm’s offices in the three years prior to filing. The plaintiff is seeking to recover unpaid wages, overtime wage differential and liquidated damages.
Duties of Case Managers
The plaintiff alleges that case managers performed duties that would put them outside of any FLSA exemptions. These duties included sending letters of representation, reviewing files with attorneys, sending clients updates on their cases, and coordinating with investigators. Additionally, the firm never required case managers to obtain any specialized training.
Examining the duties of employees is key to determining whether they are exempt under the FLSA. The Wage and Hour Division at the Department of Labor, which is tasked with enforcing FLSA, states that employees must meet certain tests regarding their duties and be paid on a salary basis at not less than $455 per week. General categories of exemptions include executive, administrative professional, and outside sales employees. Certain computer employees may also be exempt. Ultimately, job titles do not determine exempt status, and courts will look at specific job duties in determining compliance with Department of Labor regulations.
Overtime Requirements
Under FLSA, covered employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and a half of their regular pay rate. There is no limit on the number of overtime hours an employee may work in a workweek, and normally they must be paid on the regular payday for the pay period in which the overtime pay was earned. In this case, the plaintiff estimates that she worked about 45 hours per week at the firm, but was never paid the required time-and-a-half. Therefore, the plaintiff in the lawsuit is seeking to get back pay for those unpaid wages. Additionally, she claims that the law firm willfully violated FLSA, which, if she successfully proves in court, may result in an award of liquidated damages equal to the award for unpaid damages.
If you or someone you know is wrongly classified as an exempt employee and has a claim for unpaid overtime wages, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top rated team of overtime pay lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing so it is important that you call our experienced attorneys today.