Account Managers Not Always Exempt Executive Employees Under FLSA or California Labor Law – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on May 14, 2013

Time“Account managers are often misclassified as employees exempt from the overtime pay rules required by the Fair Labor Standards Act (FLSA) and the California Labor Law.  This is wrong.  It hurts the employee and it severely damages the economy,” said Norman Blumenthal, the founding partner of Blumenthal, Nordrehaug & Bhowmik a California labor firm.  “Under the FLSA and the California Labor Law employees who are non-exempt and work more than 8 hours a day or 40 hours per work week qualify to be paid overtime pay at 1.5 times their regular work week,” continued Blumenthal.

In determining whether an employee has been misclassified as an exempt executive, four questions should be considered:

  1. Whether the employee’s primary duty is to manage a department or the company;
  2. Whether the employee generally directs the work of at least two other employees;
  3. Whether the employee has the power to hire and/or fire other employees, or has the power to strongly recommend an employee is hired and/or fired; and
  4. Whether the employee is paid a salary of at least $455 per week.

Recently Blumenthal, Nordrehaug & Bhowmik filed a class action on behalf of Christopher Valverde and other similarly situated current and former Account Managers, against Cogent Communications, Inc. (Cogent) for failing to pay them and other Account Managers overtime wages.  The lawsuit, Valverde v. Cogent Communications, Inc., Case No. 113CV239322, is currently pending in the Santa Clara County Superior Court for the State of California.

If you are an Account Manager/Executive working for any company and are not being paid overtime, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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