Minimizing OT Damages For Misclassified Employees

Law360, New York (September 7, 2010, 4:21 PM EDT) -- The number of misclassification claims brought under the Fair Labor Standards Act has increased significantly over the past 10 years. For each case, experienced practitioners measure exposure by examining the likelihood of certification and decertification, the strength of the exemption defenses, and the probability that the assigned judge will use the correct method of calculating damages.

This last variable — the correct method of calculating damages — is often the main reason why the parties are unable to quickly and amicably resolve misclassification cases. However, the...
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