Employment Lawyers Blumenthal, Nordrehaug & Bhowmik Are Challenging the Exempt vs. Non-Exempt Overtime Pay Status of Salaried Employees

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The employment lawyers at Blumenthal, Nordrehaug & Bhowmik are challenging the exempt vs. non-exempt status of certain types of salaried employees in California through the use of class action lawsuits

this could be the tip of the iceberg, as corporations take advantage of pro-employer court decisions and feckless government agencies to push the limits of the law in order to avoid paying overtime wages for hours worked over 40 in a week

Employment Lawyers Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit against Kaiser Hospital on October 7, 2011, alleging that the hospital failed to pay the salaried computer employees overtime pay even though these employees work more than 40 hour workweeks. Small v. Kaiser Hospitals, No. 00099011 is currently pending in San Diego Superior Court.

In the opinion of the managing partner of the law firm, Norman Blumenthal, “this could be the tip of the iceberg, as corporations take advantage of pro-employer court decisions and feckless government agencies to push the limits of the law in order to avoid paying overtime wages for hours worked over 40 in a week”. Blumenthal claims that if the Courts would simply enforce overtime laws as Congress intended, these rulings would create thousands of jobs in America overnight. “If the wage and hour laws were enforced by the Courts, as, I think intended,corporations would hire more employees to get the job done rather than pay fewer employees overtime wages,” says Blumenthal.

Blumenthal believes that all Courts “should be guided by the United States Second Circuit Court of Appeals decision in Davis vs. Chase Bank, 587 F.3d 529 ( 2nd Cir. 2009) - - where the Second Circuit ruled that Chase Bank misclassified loan underwriters as ‘exempt’ from overtime pay and thus unlawfully failed to pay them overtime wages as required by the Fair Labor Standards Act. The Court in the Chase Bank class action lawsuit emphasized that the purpose of the overtime laws are to encourage companies to “spread employment to avoid the extra wage” and to “assure workers additional pay to compensate them for the burden” of working overtime hours.”

The employment lawyers at Blumenthal, Nordrehaug & Bhowmik are currently representing the following types of salaried employees in class action lawsuits seeking to recover overtime pay: Verizon First Level Local Managers (pending in the Central District of California as Aburto v. Verizon, No. 11-CV-00088); CH Robinson Account Managers (currently pending in the Southern District of California as Grabowski v. CH Robinson, No. 10-CV-1658); Lockheed Martin Security Personnel (currently pending in the Southern District of California as Rix v. Lockheed Martin, No. 09-cv-2063); Lockheed Martin Computer Technicians (currently pending in the Southern District of California as Williams v. Lockheed Martin, No. 09-CV-01669); Coventry Health Care Case Managers (currently pending in the Central District of California as Rieve vs. Coventry Health Care, No. 11-CV-01032); Lowe’s Floor Zone Managers (pending in the Northern District of California as Valle vs. Lowe's, No. 11-CV-01489); Zurich Workers’ Compensation Claims Adjusters (pending in the Central District of California as Bucklin v. American Zurich Insurance, No. 11-CV-05519); Renal Advantage Dietitians (currently pending in the Southern District of California as Rosenberg v. Renal Advantage, No. 11-CV-02152). The employment lawyers are currently involved in a class action lawsuit on behalf of AT&T At Home Call Center Employees (currently pending in the Northern District of California as Perry v. AT&T, No.11-CV-01488) which alleges that as a result of AT&T unlawfully classifying at home call center workers as independent contractors rather than employees, these call center workers are required to pay AT&T’s share of social security and medicare taxes along with their home office expenses.

Blumenthal, Nordrehaug & Bhowmik is a California employment law firm that focuses on salaried employee claims involving overtime pay laws under the California Labor Code and Fair Labor Standards Act. If you think you have been incorrectly classified as exempt from overtime pay, contact Blumenthal, Nordrehaug & Bhowmik for a free confidential consultation by calling (866) 771-7099.

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