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Tennis Instructor Files Overtime Lawsuit

NEW YORK — Solaris Sport & Racquet Club is facing a Fair Labor Standards Act (FLSA) and New York state labor law claims in an overtime pay lawsuit from one of its former tennis instructors. The tennis instructor claims the club violated the FLSA when it failed to properly record the hours he worked, as well as when it failed to pay him overtime. The tennis instructor is seeking back wages and damages for the labor law violations.

The Instructor’s Claims

The former tennis instructor, Kelly Gunterman, filed his claim in federal court near the end of 2014. In his lawsuit, he alleges the club scheduled him to work 52 hours a week on a regular basis. If this is the case, Gunterman regularly worked 12 hours of overtime and should have received overtime pay for those hours. Additionally, he alleges the club failed to properly track his hours, which contributed to him receiving less compensation, and he was not credited for all of the hours he actually worked.

Allegedly, instead of paying him overtime wages, Gunterman received a flat salary of just under $890. The flat salary was compensation for Gunterman’s services in entering information, workplace responsibilities, and promoting tennis lessons. Gunterman received a flat salary each week, regardless of the number of hours he worked. Gunterman also received hourly wages for the time he spent providing lessons on the court and commissions for stringing rackets.

Exempt Employees

The FLSA and state labor laws provide exemptions from minimum wage and overtime pay requirements. Some of the more well-known exemptions include the executive exemption, for those who have managerial or executive responsibilities; the administrative exemptions, for those who perform non-manual labor office activities requiring considerable discretion; the professional exemption, for those who work in a field that requires extensive training and advanced knowledge; and outside sales exemption, for those who perform the majority of their responsibilities away from their employer’s premises. There are, however, quite a few other exemptions. For instance, certain computer professionals, farm workers, legitimate interns, and seasonal amusement park employees are likely to be exempt from these wage requirements.

Determining whether or not an employee is exempt must be done on an employee by employee basis. In Gunterman’s case his overtime claim will likely hinge on the club’s evaluation of his exempt status. The FLSA’s exemptions require the equivalent of a minimum weekly salary of $455 and generally some level of authority and discretion in decision making. If Gunterman received $890 each week and had discretion in his selection of clients and lessons, there is a chance he may qualify for an exemption.

Determining whether or not you should be classified as exempt or nonexempt from overtime is often complicated and detail specific. If you believe you have been misclassified, contact our team of overtime pay lawyers today to discuss your options at (855) 754-2795. Or our knowledgeable legal team can evaluate your situation when you complete the Free Unpaid Overtime Case Review form. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.

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