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Media & Articles

Employment Principal Andrea Kirshenbaum Examines the Rise in Employee Misclassification Litigation for The Legal Intelligencer

February 3, 2014

In her February 3, 2014 Wage and Hour column for The Legal Intelligencer, Employment & Employee Relations Principal Andrea M. Kirshenbaum examines the factors contributing to the rise in litigation associated with employee misclassification as exempt/nonexempt.

Ms. Kirshenbaum writes that misclassification litigation is far more than a legal nuisance, with a large amount of money at stake for "employers, employees and the government." She notes:

"These cases continue to play a growing and dominant role in FLSA wage-and-hour litigation. According to NERA Economic Consulting, from January 2007 to September 2013, overtime and misclassification cases comprised some 57 percent of all wage-and-hour settlements. And even the first month of 2014 has proven to be more of the same."