Lumberyard Misclassified Workers As Execs, 8th Circ. Says
By Kurt Orzeck
Law360, Los Angeles (March 17, 2014, 4:39 PM ET) -- The Eighth Circuit ruled Monday that a lumberyard had improperly denied overtime pay to ex-employees by misclassifying them as executives under the Fair Labor Standards Act, finding they didn't suit that definition because they didn't sufficiently influence the company's hiring practices.
Partially affirming an Arkansas federal judge's decision to overturn a jury verdict in favor of Lumber One Home Center Inc., the appeals court determined that two shipping and receiving workers didn't meet the executive exemption standard under the FLSA, but that a third plaintiff did....