KPMG Auditors Mount Case For OT In 2nd Circ.

Law360, New York (February 5, 2014, 5:29 PM EST) -- KPMG LLP audit associates who put in long hours “counting beans” should not be exempt from overtime pay, their attorney told the Second Circuit on Wednesday, urging the appeals court to revive a Fair Labor Standards Act class action.

Justin M. Swartz of Outten & Golden LLP argued that a federal judge was mistaken in concluding that the associates were properly classified under the professional exemption to the FLSA and therefore cannot expect overtime pay for their 50- to 60-hour workweeks.

Swartz said that they were...
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