HMO Marketing Representatives Unpaid Overtime
October 10, 2013
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At A Glance
- This Alert Affects
- Marketing representatives who are paid a salary but no overtime wages for hours worked over 40 within a week or are otherwise unfairly denied overtime pay.
- Damages
- Marketing representatives who were wrongfully denied overtime pay may be eligible to recover up to three years of unpaid overtime wages, as well as an amount equal to this in liquidated damages.
- Company(ies)
- Health Insurance Industry
- Additional Details
- Overtime pay aims to compensate HMO marketing representatives and other employees with time-and-a-half pay for hours worked in excess of 40 during a single workweek.
Under the Fair Labor Standards Act (FLSA), which is a federal law, employers are required to pay all non-exempt workers "time and a half" for all hours overtime hours worked. This is true even for salaried employees. Some HMOs have been misclassifying their marketing representatives as "exempt" employees in order to avoid paying them for their overtime hours. Recent court rulings, however, have made it clear the marketing representatives are "non-exempt" employees, and are therefore entitled to overtime wages.
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