Uh oh! Even the attorneys get it wrong sometimes.

Exempt Employee Misclassification is not joke! The case has not actually been decided. But, the claim sounds reasonable. The thing that makes this case so intriguing and not just a little bit scary is the fact that this particular law firm advertises Wage and Hour Law as one of their specialties. Read the article below posted by attorney Lawrence J. Buckfire. Then, you make the call!

“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.

What Now?


The truth  is: Everyone gets it wrong sometimes. Yes, even the attorneys. As an employer (or HR professional), this responsibility is huge and our determination of class can be a make or break situation to a company. We must find and fix before the lawsuit is filed or the auditor comes to our door.

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.”

With the new proposed rule looming, now is a great time to begin planning stages to Audit-Secure^™ your classification practices. How?

1. Perform internal audits
2. Make the necessary corrections
3. Document your actions
4. Always use my  Rule of 3s

Employee lawsuits are possibly a larger threat than the DOL coming to call. Be ready to make your case. If or when the knock comes at your door, you will Be Audit-Secure™!

Do you have a question? Drop me a line. I would love your input!

Until next time, Be Audit-Secure!

Lisa Smith