In the past year, the U.S. Department of Labor (DOL) has renewed its focus on combating employee misclassification, and there has been a recent significant increase in the number of wage-and-hour lawsuits. In many of these cases, workers are challenging their designation as exempt employees under the Fair Labor Standards Act ( ).
A recent case, Mullins v. Target Corp. (No. 09-07573, N.D. Ill., 2011), illustrates such a situation and emphasizes the need for employers to properly classify their employees.
Case of the retail detective
In July 2002, Christine Mullins began working in the Target retail chain’s Assets Protection Division as an assets protection team leader, an exempt position. Employees in the division work to prevent employee theft and customer shoplifting in an effort to enhance profitability, minimize loss and business disruptions and provide a safe and secure environment.
About two years later, Mullins was ...(register to read more)