NASHVILLE — A group of employees who filed a class action suit against their employer, Micros Systems, for misclassifying them as exempt from the Fair Labor Standards Act (FLSA) settled their claims with the company for $925,000. The class consisted of about ninety implementation specialists who installed and pre-programmed software for the company’s customers. The $925,000 settlement included back pay, damages, penalties, liquidated damages, interest, and attorneys’ fees. Notably, Micros was acquired by Oracle in September of 2014.
The plaintiffs in the suit alleged that they worked more than 40 hours per week without receiving overtime in violation of FLSA. Micros argued that the implementation specialists were exempt under FLSA as both administrative employees and employees in computer-related occupations.
For the administrative employee exemption to apply, the employee:
- Must be paid on a salary or fee basis at a rate not less than $455 per week
- Must have the the primary duty of performing office or non-manual work directly related to management and business operations of the employer or its customers
- Must have primary duties that include the exercise of discretion and independent judgment with regard to significant issues
Computer-related Occupations Exemption
Micros claimed that the plaintiffs were also exempted because they were in a computer-related occupation. As to the applicability of the computer-related occupations exemption, the employee:
- Must be paid on either a salary or fee basis not less than $455 per week or, if hourly, no less than $27.63 per hour
- Must be employed as a computer systems analyst, computer programmer, software engineer, or other similarly-skilled worker in the computer field
- Must have primary duties that consist of:
- Applying systems analysis techniques and procedures
- Designing, developing, documenting, analyzing, testing or modifying computer systems or programs based on and related to user or system design specifications
- Designing, documenting, testing, creating, or modifying computer programs related to machine operating systems
- A combination of these duties at the same level of skill
This exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. For the exemption to apply, they must be primarily engaged in computer systems analysis and programming, even if their work is highly dependent on the use of computers and computer software programs.
If you or someone you know is not being paid minimum wage or overtime pay as required by FLSA because of misclassification as an exempt employee, 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 wage 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.