Los Angeles partner Kate Gold was quoted in an article titled, “Job-Misclassification Woes” in HREonline.
Last month, a former Google worker in New York filed suit against the tech giant and online staffing firms oDesk and Elance, claiming that both he and others were misclassified as independent contractors. The case is just the latest to induce headaches for both employers and their legal teams from coast to coast. This most recent class-action lawsuit demands unpaid wages, including overtime, and contends plaintiff Jacob McPherson and other contingent workers logged as many as 45 hours per week but Google never paid for more than 30 hours of that time.
“Both HR and legal counsel should be looking at their companies’ policies that apply to the classification of employees, job duties and payment of overtime,” said Kate. “Employers need to be proactive,” she said.
“In the Joe’s Crab Shack case, the court was focused on the company’s policies and expectations for the job, not on requiring the employees to prove how much time they spent on certain tasks,” she said.
“The restaurant’s policy was that all ‘managers’ are exempt,” she said, “but those managerial employees have to fit all the prongs of the executive exemption, which require that they supervise the equivalent of two full-time people, in addition to other requirements. [So] make sure your policy does not say something that could be incorrect.”
To read the entire article in HREonline, click here.