David Keef, a former field engineer for M.A. Mortenson Company, a commercial construction firm based in Minneapolis, has filed a lawsuit claiming the company misclassified his position as exempt from overtime.
Keef, who worked for the company for roughly nine months in 2006 and 2007, contends that Mortenson’s field engineers routinely work more than 40 hours per week without overtime compensation.
The engineers do not have any duties, Keef says, but perform routine clerical duties and do not qualify as exempt under the Fair Labor Standards Act.
Keef’s lawsuit earned preliminary class certification in district court.
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