In the past, this blog has discussed the fact that, while there are certain employees who are ineligible for overtime pay, employers sometimes misclassify employees who should be earning overtime in order to keep their labor costs down. According to the FLSA, employees who are exempt from overtime include those earning a salary of $23,600 or higher, or anyone working in an “executive”, “administrative”, or “professional” position. These duties include managing employees or doing work which is related to office management.
Electronic Arts, Inc., (EA) a company which produces video games, has been accused of misclassifying its employees and forcing them to work more than forty hours a week without getting paid overtime. Robert C. Schubert, a partner at the San Francisco law firm, Schubert & Reed, said he has initiated legal proceedings to start a class action lawsuit on behalf of a group of current and former EA employees. Mr. Schubert alleged that EA improperly classified a number of employees, including animators, modelers, texture artists, lighters, background effects artists, and environmental artists as exempt from overtime and therefore failed to pay those employees overtime.
EA claims that the employees were exempt from overtime. The company denies the allegations, saying that it “treats its employees fairly and lawfully, and that it has properly classified its employees within the meaning of the law.”
A few months later, a similar lawsuit was filed against the company on behalf of the company’s engineers who allegedly “do not perform work that is original or creative and have no management responsibilities and are seldom allowed to use their own judgment.” By this definition, they are not exempt from overtime pay under the FLSA and should be paid one and one-half their regular pay for each hour they work over forty hours in a week.
The attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases, including overtime, vacation pay, meal breaks, and tips. The Chicago Overtime Law Center has offices conveniently located in Oak Brook Terrace and Chicago, Illinois. If you live in Illinois and have a wage and hour dispute, contact a Rockford overtime attorney today at 312-869-4095 or fill out our online form.