Littler Xmpt Toolkit
In recent years, employers have been plagued by claims that they have misclassified employees as exempt. As the name implies, exempt employees do not receive overtime pay and are not subject to certain wage and hour laws. If a class action challenging employees’ exempt status is successful, the costs to a business can be staggering. Littler has developed a process that helps employers effectively prepare for and deal with misclassification claims. Littler Xmpt® equips management with an effective defense and creates a strong evidentiary record to either defeat an exemption challenge or mitigate the risks.
With the continuing surge of wage and hour claims, exempt misclassifications have become one of the primary targets of plaintiffs’ lawyers and regulators – approximately 9,000 FLSA cases were filed in 2015.
Having handled countless misclassification claims, Littler has identified common issues that typically arise in these cases:
Employers can minimize the risk of future litigation by creating evidentiary records that support the exempt status of employees. Littler can assist companies in litigation armoring – taking precautionary steps which will spare them the needless costs and disruption of their business operations that litigation brings.
Our analysis begins with some basic questions:
From our many years of dealing specifically with wage and hour claims, Littler has developed an innovative process, implemented by an experienced team, that can help employers avoid potential claims and have a ready defense in the event of litigation.
Littler Xmpt provides several valuable services to our clients, including the following:
Littler’s team of lawyers has a wealth of experience in assisting employers with misclassification claims, enabling us to anticipate those positions that are the most vulnerable to litigation and to equip employers with the best strategy to fend off any legal action.
Littler Xmpt helps employers avoid potential claims and have a ready defense in the event of litigation.