H & A investigates potential FLSA claim against Lawson Software
Halunen & Associates is expanding the investigation of consultant misclassification beyond banking and securities industries and into the computer consulting arena. In the last several years, computer and software consulting firms have been subjected to legal challenges to their exempt classification of computer and software consultants. Often these positions require extensive travel and out-of-town work that exceeds forty hours per week. Yet, these employees are often not paid overtime and are not compensated for their time spent traveling. Our firm is seeking compensation from Lawson Software for overtime owed to its employees.
Consultant misclassification is a practice that has been employed by big businesses since the Bush Administration’s revamp of the Fair Labor Standards Act (FLSA) in 2004. Businesses have learned that they can avoid paying employees for overtime and time spent traveling by classifying them as a “manager” or a salaried consultant. As a result of this misclassification, the individual would be exempt from overtime compensation for time worked in excess of forty hours a week. An example would be an employee whose job title is “consultant” and receives a monthly salary. This employee usually works for more than forty hours a week and consistently performs functions of non-exempt employees. This individual should be compensated for their overtime work despite the fact that they are, according to the job title, a salaried, exempt employee.
You mayqualify for overtime compensation regardless of your job title or whether or not you receive a salary. If you feel as if you have been the victim of misclassification under the FLSA guidelines, or would just like to know more, please do not hesitate to call us or fill out a contact form. We at Halunen & Associates are not just dedicated to servicing Minneapolis and Minnesota, but will provide legal assistance to anyone needing a lawyer.
You can learn more about wage and hour laws and the Fair Labor Standards Act by visiting our Overtime Violations page.