KPMG Escapes Audit Workers' OT Suit

Law360, New York (December 3, 2012, 3:23 PM EST) -- A New York federal judge on Friday nixed a collective wage-and-hour action involving more than a thousand current and former KPMG LLP audit associates, ruling the workers were properly exempted from federal overtime pay requirements.

U.S. District Judge Colleen McMahon granted KPMG's motion for summary judgment, saying audit associates qualified for the professional exemption of the Fair Labor Standards Act. The ruling is a setback for plaintiffs who contend KPMG misclassified the junior level employees as exempt from FLSA and New York pay requirements.

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