Call Us Now
Email Us Now
In 2007, Florida once again led the nation in the number of overtime lawsuits filed against its employers. A major reason for this is the fact that the Fair Labor Standards Act allows attorney fees for successful litigants. A recent example of a construction related position that has been susceptible to overtime litigation is the construction superintendent. While superintendents normally perform managerial duties, there may be other elements of the FLSA exemptions that they do not satisfy. To be exempt as an “executive” a construction superintendent must regularly direct the work of at least two full-time employees. To be administratively exempt, an employee must be paid a salary basis of at least $455 per week, primarily perform office or nonmanual work directly related to the management of general business operations, and have primary duties including the exercise of independent judgment on significant matters.
What type of work is directly related to management an business operations? Labor Department regulations say an employee must perform duties directly related to the operation of a business, which is distinguished from “working on a manufacturing production line or selling a product in a retail or service establishment.” If your company has not reviewed its employee classifications lately, you should perform an audit to ensure each employee has been appropriately classified, especially if any reduction in force has occurred.
Answering these broad-based questions isn’t easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-477-3263.