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Brokerage house overtime case serves as cautionary tale

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in HR Management,Human Resources

One disgruntled worker's lawsuit has turned into a class-action headache for brokerage firm Barclay's Capital.

Employee Chris DiFilippo believed the firm incorrectly classified him as being exempt from the Fair Labor Standards Act (FLSA), which deprived him of overtime pay. He sued when the matter couldn't be resolved internally.

During the discovery phase, DiFilippo's attorneys found 20 to 30 other Barclay's employees in a similar position. They returned to court seeking class-action certification for their lawsuit. The court granted it.

Advice: FLSA exemption rules are tricky. When in doubt, don't go it alone. Obtain your attorney's opinion on every position you wish to make exempt.

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