RECRUITERS ARE ENTITLED TO OVERTIME PAY

In a recent case, the employees of a class action lawsuit were awarded $12.3 million to settle their overtime claims. The employees worked as health care and staffing recruiters for Maxim Healthcare Services Inc., a national health care staffing company. The employees alleged that they worked in excess of 40 hours per workweek and were not paid any overtime wages as required under various State Labor Laws and the Federal Labor Standards Act (“FLSA”). The employees’ job duties consisted of routine, administrative sales functions which were performed in accordance with corporate policies. Part of the employees’ responsibilities was to recruit potential caregivers and present qualified candidates to clients. Many employers misclassify their employees as “exempt”, meaning that they do not qualify for overtime, to save on labor costs. However, this is in violation of the FLSA, as well as numerous State Labor Laws. For more information regarding employees that are entitled to overtime, please contact Fitapelli & Schaffer for a free consultation.