A collective action wage-and-hour suit against Merrill Lynch in federal court in Manhattan has been stayed while the parties await Oregon Court approval of a $43.5 million settlement deal.
The timing of this settlement is interesting as Bank of America just rescued Merrill. Bank of America is probably looking to quell this before assuming the helm. The gist of this case is that once again employees who were entitled to their overtime hourly were misclassified as salary exempt and deprived of the money.
Many of my intake calls about other employment issues start with the employee telling me that overtime is "not an issue since I am salaried." That's precicely why it may be an issue if the employee is not eligible to be salaried.
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