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