If I were still a plaintiffs overtime lawyer, this Dec. 1 would feel like Christmas morning. The Department of Labor’s new overtime pay regulations go into effect that day. Roughly 4.2 million Americans will go from salaried exempt to overtime pay eligible nonexempt. That’s how the DOL crunches the numbers.
All those folks could make a great lead plaintiff for an overtime class. They’d settled into salaried exempt jobs and never thought about tracking their work hours, but must now start. Performance expectations may not have changed. So the newly overtime-eligible employees might forget to record all their hours in the heat of hitting a deadline. They might also underreport hours to impress the boss. Or to keep the labor budget in line, supervisors may pressure employees to work off the clock. No matter the reason, a company could have unpaid overtime hours on its hands.
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