Law Firm Wins 6th Circuit Court Of Appeals Reversal On Misclassification Case

November 2017 | News

On Nov. 20, 2017, my Michigan-based colleagues Barry Fagan and Jennifer McManus and I won an important decision before the U.S. 6th Circuit Court of Appeals. The Court held that our three clients, Judith Perry, Erin Lane and Aimee Dooling, should be permitted to proceed with their misclassification claims against their former employer, Randstad General Partner (US) LLC. The 6th Circuit held that the Trial Court had erred, in part, when it dismissed their overtime claims, and sent their case back to the Trial Court.

Perry, Lane and Dooling worked as recruiting specialists for Randstad, provides temporary labor to mostly service industry businesses. All three allege that they routinely worked more than 40 hours a week and that Randstad knew that. Rndstad maintained that it wasn’t required to pay them overtime because they were exempt from the federal law that otherwise requires overtime pay for employees who work more than 40 hours a week.

The 6th Circuit decision appears to be the first appellate court decision to analyze the correct classification of the jobs held by Perry, Lane and Dooling. 

The decision can be read here: 16-1010_Documents

 

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