Misclassifying Employees as Exempt
The complaint for this class action alleges that Target Corporation misclassified some of its employees as exempt from overtime and other legal labor requirements. In this case, it’s employees who held the position of Executive Team Leader—Human Resources (ETL-HR), who allegedly did not spend most of their time performing managerial functions. The laws referenced are state laws—primarily the California Labor Law and the state’s Industrial Welfare Commission (WC) Wage Orders.
One violation of labor laws can create a ripple effect of other violations. If an employer has misclassified a worker as exempt (from overtime pay), for example, that may indicate a whole host of other labor requirements that the employer has therefore not observed. The complaint for this class action alleges that Charter Communications, LLC did not properly classify some of its workers under California law and therefore owes them for overtime, missed breaks, waiting time penalties, and other things.
This class action covers a common complaint in the labor force: the nonpayment of overtime hours because of employee misclassification. The complaint alleges that Hertz Corporation, operating through its Hertz, Dollar, and Thrifty brand car rental agencies, wrongly classified its location managers as exempt employees, thereby avoiding the New York Labor Law (NYLL) that requires overtime pay for additional hours.
An “exempt” employee is one who does not have to be paid overtime. The complaint for this class action alleges that ZipRecruiter, Inc. and those who owned the company misclassified certain employees as exempt and did not pay them overtime as they were required to do by the federal Fair Labor Standards Act (FLSA).
American Express Company has a long history: It was founded in 1850 and is one of only thirty companies from which the Dow Jones Industrial Average is derived. So how did they end up in a basic labor case? The complaint for this class action brings suit against them and against a company it claims that Amex partnered with for merchant services, Sales Partnerships, Inc.