A class action of over 1,300 Bloomberg LP New York-based Analytics Representatives who were not paid time and one-half for overtime hours has been certified by a New York federal judge. The lawsuit alleges that Bloomberg misclassified Analytics Representatives as overtime-exempt employees to deny them overtime pay as required by federal and state laws. Analytics Representatives assist clients in the operation of the Bloomberg Terminal, a software system that lets clients access and analyze financial data.
U.S. District Judge Denise Cote agreed with the Analytics Representatives that the issue of whether a New York Labor Law overtime exemption applies to them can be resolved on a class-wide basis. Judge Cote found, that the claims of the employees who filed the lawsuit are typical of the class members’ claims and that all class members have the same title, essential job function, initial job training and are evaluated with the same performance metrics. Furthermore, the judge noted that the class members have been paid on the same basis and subjected to the same overtime policy.
This case highlights a common misconception that if you are a “white collar” employee on a salary, you are not entitled to overtime.
However, most employees in the United States are required to be paid overtime at time and one-half the regular rate of pay for all hours worked over forty in a work week. Workers are generally not “exempt” from overtime requirements unless they serve an administrative, professional or executive role in the company. In order for an exemption to apply, an employee’s specific job duties and salary must meet certain requirements.
