Employers Routinely Misclassify Case Managers to Avoid Paying Overtime – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on April 8, 2013

nurses  Jane Doe, a case manager, has worked more than 11 years for a California medical management company, and her duties consist mainly of compiling hospital reviews daily.  Though she does not perform supervisory work, is paid an hourly wage, and routinely works 10 to 12 hours a day, her employer classifies her job as exempt from overtime pay.   So Jane complained to her company’s Human Resource department, letting her employer know she believed her job was classified as exempt to avoid paying overtime pay.  Thereafter, Jane said her working environment became a “borderline hostile environment.”

Under the Fair Labor Standards Act and the California Labor Code, an employee who works more than 8 hours a day or 40 hours per week is entitled to overtime pay at 1.5 times his or her regular pay rate.  However, if the employee falls into one or more categories – administrative, professional, or executive - he or she is deemed exempt from overtime pay.

Based on the facts in this case, the duties Jane performs do not qualify her for an exemption from overtime pay.  She is not administrative because she does not “regularly and directly assist a bona fide executive or administrative employees,” and she is not paid salary.  She is not a professional employee because she is not “ paid on a salary basis.”  Finally, Jane is not an executive because she does not “customarily and regularly direct the work of two or more other full-time employees.”

If you work as a Case Manager 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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