Our firm has filed a class and collective action lawsuit against Apex Systems, LLC on behalf of current and former technical recruiters to recover overtime wages these workers did not receive. The lawsuit is also seeking liquidated damages for all employees who were wrongly denied overtime pay for overtime hours worked. The complaint says the company misclassified workers as salaried instead of hourly and used that as a reason to deny overtime pay. Employees who filed the lawsuit are claiming the work they performed did not make them exempt from federal overtime laws.
If you are or were a technical recruiter at Apex or performed job duties similar to a technical recruiter within the past three years, you may have been wrongly denied overtime pay. Schedule a free legal consultation with our Maryland unpaid overtime attorneys to discuss your situation and find out if you can join the Apex Systems overtime lawsuit.
We have helped many employees recover the unpaid overtime they are entitled, including employees of Woodberry Kitchen and Ashley Furniture. We know how hard you work and are committed to helping you fight for the wages you rightfully deserve under federal law.
The lawsuit was filed by employees who worked as technical recruiters at Apex Systems, a staffing agency that seeks out potential job candidates for businesses across the nation. These employees are called technical recruiters and they do basic screenings of job candidates, including making sure candidates' credentials match the qualifications clients are looking for and assembling lists of viable candidates.
However, the recruiters do not have the authority to decide the candidates that will be presented to the client. The account managers are the ones who have sole authority to do that. This means that recruiters' duties are basic in nature, and special skills are not required.
The lawsuit says the company violated the Fair Labor Standards Act (FLSA) by intentionally classifying these workers as salaried employees and denying them overtime compensation when they worked more than 40 hours in a week. According to the lawsuit, the demands of the job often required recruiters to log 50 to 60 hours or more each week.
The FLSA sets federal rules on minimum wage and overtime pay. The law says employees who are non-exempt must be paid time-and-a-half for overtime hours. Overtime hours are any hours worked that are over 40 in a week. Time-and-a-half means workers must be paid at their regular rate of pay plus a half. This means workers who are paid $10 per hour must receive $15 per hour for their overtime hours.
The only reason a worker would not receive overtime pay for these hours is if he or she is exempt from overtime requirements. For example, executive, administrative, professional and outside sales employees who are paid on salary are exempt from overtime. However, there are specific criteria for each of these exemptions and if an employee's job does not fit these criteria, he or she is not exempt from overtime.
Executive employees are those who earn at least $913 per week or an annual salary of $47,476. They must have primary duties that include managing the business and be managing a minimum of two other full-time employees. Executive employees also must have the authority to hire, fire and promote employees.
Employees who are paid on commission or are outside salespeople may also be exempt from overtime requirements.
One of the ways employers try to get out of paying overtime compensation is by classifying workers as exempt even though they are not, under federal law. For example, your employer might say that you are paid on salary, so you are exempt. However, being paid on salary does not automatically make you exempt.
Another thing employers might try to say is that you are exempt because of your job title. However, the job title does not affect your eligibility for overtime. The important thing is what you actually do. You might have a fancy job title, but if you do not meet the criteria in one of the FLSA exemptions, you are entitled to overtime for any overtime hours you work.
Contact The Law Offices of Peter T. Nicholl for a free consultation to discuss the Apex Systems overtime lawsuit. If you have reason to believe you were misclassified, we can determine if you can join the lawsuit.
The thing most employees are concerned about in an overtime lawsuit is recovering the wages they were illegally denied. While our attorneys are focused on recovering these wages, we will also pursue other compensation you are entitled, such as liquidated damages.
Liquidated damages are the same amount as your unpaid wages. In other words, if you were denied $700 in overtime compensation, you are entitled to liquidated damages in the amount of $700. This is why liquidated damages are also known as double damages.
The FLSA provides this extra compensation to help address the real economic impact of not being paid overtime when it should have been paid.
One of the advantages to employees of the existence of liquidated damages is that it doubles the financial risk to the employer of going through a lawsuit. This could make it more likely for a company to settle and gives you and your attorney a better position when negotiating.
Discuss the Apex Systems unpaid overtime lawsuit with an attorney. 410-244-7005
Under the FLSA, any workers who are non-exempt must be paid time-and-a-half for any hours worked over 40 in a week. This means workers must be paid one-and-a-half times their normal rate of compensation. When this does not happen, workers can take legal action to recover the unpaid wages along with liquidated damages.
However, these lawsuits are complicated and that is why workers can greatly benefit from having legal representation. The unpaid overtime attorneys at our firm have helped numerous workers in these types of cases. We know how to prove FLSA violations occurred and pursue all the damages workers are entitled.
We can manage the entire legal process on your behalf, fighting for your rights under federal law. Your consultation is 100 percent free and there is no obligation to take legal action. This means there is no risk to you in meeting with one our trusted, knowledgeable attorneys.
To discuss your case with an attorney, call us right now at 410-244-7005.
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