Seth Lesser, a partner at Klafter Olsen & Lesser, has a diverse practice and has prosecuted cases on behalf of investors, consumers, mass tort victims and employees, over the past 12 years. In that time, Seth Lesser has accumulated considerable experience and expertise in cases involving the federal Fair Labor Standards Act (FLSA).
Under the federal FLSA, an employee who works more than 40 hours a week is, as a general proposition, entitled to time and a half overtime, unless the person is an “exempt” employee under the FLSA and fits within one of the statute’s exemptions. “Executive” positions, “administrative” positions, and “professional” positions, among others, for example, are exempted.
However, In recent years, either through ignorance of the law or a willful desire to save money, many companies have disregarded the dictates of the FLSA, and required their workers to work in excess of 40 hours a week without overtime pay by designating employees with job titles that sound impressive but, in reality, do not meet the criteria for exemption under the statute.
Recently, Seth Lesser played a significant role in a case involving misclassification under the FLSA. He was a trial counsel for plaintiff in litigation against Staples Inc., wherein almost $2.5 million was awarded to 343 plaintiffs by a Newark federal court jury who determined that Staples Inc. acted in willful defiance of the law in not paying its store managers overtime pay.
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