Fentin, who is a partner in the Springfield, MA offices of labor and employment firm of Skoler, Abbot & Presser, P.C., is Associate Editor of the Massachusetts Employment Law Letter. She was joined in her presentation by attorney John S. Gannon, an associate at her firm.
Damages in wage and hour and misclassification suits can add up dramatically. Consider what you might end up paying, says Fentin:
Furthermore, says Fentin, willful and/or repeat violators are subject to civil penalties and criminal prosecution.
Finally, there’s another potentially expensive twist, says Gannon. There’s an initial burden on the employee to establish overtime hours worked, but mathematical certainty is not required. For example, the employee’s own informal records may suffice. Then the burden shifts to the employer to show that employee did not work those hours. Without accurate records, this is nearly impossible to accomplish.
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Many HR managers think that “salaried” and “hourly” are synonymous with “exempt” and “nonexempt” but that is not accurate, Fentin says, because some employees may be paid on a salary basis and still be nonexempt.
In tomorrow’s Advisor, the toughest of the exemptions, plus an introduction to a unique checklist-based FLSA audit program..
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