Staffing Firm Scores Major Victory in Overtime Class Action
American Staffing Association (05/15/15) Stephen Dwyer
A staffing firm recently defeated a class action lawsuit in which plaintiffs—who held the positions of account managers, assistant branch managers, and staffing consultants—alleged that they were misclassified as exempt employees and owed overtime under the Fair Labor Standards Act. The U.S. District Court for the Eastern District of Michigan granted the firm’s motion for summary judgment, ruling that the workers exercised independent judgment and discretion and were exempt administrative employees. The court further ruled that the staffing firm was immune to liability pursuant to its good faith reliance on U.S. Department of Labor opinion letters addressing the extent to which recruiters and account managers can be exempt administrative employees.
To read the case, see Perry et al v. Randstad General Partner (US) LLC, Case No. 14-11240, U.S. District Court, Eastern District of Michigan, Southern Division, May 12, 2015).
Federal bill chart: https://americanstaffing.net/staffing-law-advocacy/staffing-legislation/pending-workforce-legislation/federal/
State bill charts: https://americanstaffing.net/staffing-law-advocacy/staffing-legislation/pending-workforce-legislation/state/