Definition of Exempt Employees Critical in Unpaid Overtime Lawsuit

While some definitions by federal agencies such as those for independent contractors are fairly fluid, Tammy Lewis alleges in a new class action lawsuit filed against Maximus Inc. that the definition of a non-exempt employee means that she is entitled to at least $120,000 in lost wages as a result of her mis-classification.

The key standards for determining whether or not an employee can be termed exempt and paid just a salary revolve around human resources decisions, supervision and planning of work for other employees. Lewis, who was a workforce analyst, did not direct other employees and was not involved in any hiring, firing or establishing pay rates and other exempt activities, according to her class action lawsuit. In February 2013, her unpaid overtime attorney notes that a supervisor asked her to calculate her hours on a weekly basis over the past three years.

However, according to the overtime lawsuit, while Maximus reportedly paid overtime to employees with similar job duties, the sheer scope of her overtime work led the company to balk at the prospect of paying all of that back pay considering her salary was just $35,000, meaning the lost wages from time-and-a-half provision would nearly double her take home pay.

Lewis’ overtime attorney is seeking damages based on the Fair Labor Standards Act on behalf of her as well as any other employees who are similarly affected and also had the job title or duties of a workforce analyst.

The Texas woman’s unpaid overtime class action lawsuit is Tammy D. Lewis, et al. v. Maximus, Inc., Case 13-cv-00484, U.S. District Court, Eastern District of Texas. A class including Lewis has not yet been certified by U.S. District Judge Michael H. Schneider.

Employees who do not supervise other workers for a company or who satisfy other standards of being exempt from the Fair Labor Standards Act should receive overtime pay equal to at least 50 percent their hourly rate. However, many have found that they have been shortchanged and face lost wages. If that sounds like you or someone you know, get a free legal consultation about your rights at the Wage & Hour, Unpaid Overtime Class Action Lawsuit Investigation. You may be able to get back pay or a settlement for a similar amount depending on the facts of your case, so get started today.