Law Firm Faces Suit Over FLSA Violation

March 1, 2010 – In The News

Legal secretary Karla Osolin filed a law suit against her employer, boutique intellectual propriety firm Turocy & Watson LLP in Cleveland, Ohio, for refusing to pay her for overtime.

Mark Tabakman, author of Fox Rothschild's Wage-and-Hour blog, noted that, “Just because employers are lawyers doesn’t mean they are going to know more about labor and employment laws,” Tabakman said. “This lawsuit certainly doesn’t shock me.”

Tabakman stated that there are numerous employers that are under the false impression that paying an employee a salary as opposed to an hourly wage exempts them from receiving overtime.

When evaluating the various exemptions that might prevent Osolin from her entitled overtime pay, Tabakman acknowledges the administrative exemption as “the grayest of all exemptions.” According to the Fair Labor Standards Act (FLSA), Osolin would fall into this category if she provides analysis, advice or some other type of practical service to the business where she is not in the direct stream of making the product the business provides.

Tabakman also reveals that due to the increased awareness employees have of their rights, the amount of FLSA class actions has skyrocketed over the last decade.