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The U.S. Department of Labor Strikes Again – Worker Misclassification is (Still) a Hot Topic

By Summer Austin Wells on September 29, 2015
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The U.S. Department of Labor Strikes Again – Worker Misclassification is (Still) a Hot TopicContinuing the trend of exposing companies who have misclassified workers, the U.S. Department of Labor (DOL) has persuaded its latest target, Halliburton Co., to pay $18.3 million to compensate employees for unpaid overtime. During a self-audit, Halliburton discovered, and the U.S. DOL investigated and found, that several jobs in Halliburton’s oilfield operations were misclassified as “exempt” under the Fair Labor Standards Act (FLSA). These jobs included salaried field service representatives, pipe recovery specialists, drilling tech advisers, perforating specialists, and reliability tech specialists. The DOL also found that Halliburton failed to keep accurate time records for these workers (hardly surprising given they were classified as exempt).

As a result, more than 1,000 workers had not received time-and-a-half for time worked over 40 hours per week, and Halliburton agreed to pay millions rather than endure the wrath of the DOL.

Consider yourself warned: The DOL is on the prowl for misclassified workers, so make sure your company’s labels (e.g., exempt, independent contractor, etc.) are in line with the applicable rules and regulations.

Photo of Summer Austin Wells Summer Austin Wells

Summer Austin Wells is a member of the firm’s Labor and Employment Group and her practice is primarily focused on employment litigation as well as advising clients on a broad range of topics from day-to-day employment questions to drafting employment policies and procedures.

Summer Austin Wells is a member of the firm’s Labor and Employment Group and her practice is primarily focused on employment litigation as well as advising clients on a broad range of topics from day-to-day employment questions to drafting employment policies and procedures. Summer’s labor and employment practice is diverse and includes developing and implementing litigation strategy in a variety of labor and employment matters, including claims of discrimination and retaliation under Title VII, § 1981, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and claims under the Family Medical Leave Act. With experience in a wide variety of employment litigation disputes, Summer represents clients in a broad range of employment matters around the country. View articles by Summer

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Insights
  • Organization:
    Bradley Arant Boult Cummings LLP
  • Article: View Original Source

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