Pennsylvania federal court underscores difficulty of dismissing FLSA overtime claims
Lindsey Kennedy, a member of the Firm’s Labor and Employment Practice, authored this article in the Employment Law Letter. Lindsey discusses the burden an employer faces when it relies on an exemption under the FLSA as an affirmative defense to an overtime claim.
"If an employee you've classified as exempt files a lawsuit for unpaid overtime, you will be hard-pressed to convince a court to dismiss the case without a trial based on the argument that the employee falls under one of the FLSA exemptions," wrote Lindsey.
To read the full article, click here.