So you think you got lucky? (Surviving a Layoff)

If you find you're working the job of two people after surviving a layoff, you are not alone. More than a third of workers surviving layoffs report they are doing the job of two people: http://tinyurl.com/n7h24v

At least in California, this could mean that employers are not properly paying the remaining employees who were not laid-off. If you are a salaried employee, and are not paid for your overtime work, your employer may only require you to do work that is "exempt" from the overtime rules. Salaried employee are typically (1) involved in work that requires a professional degree (e.g., doctors, lawyers); or (2) spend more than half their day managing other employees or (3) spend more than half their day creating company policy.

When layoffs occur, and salaried employees are required to do the work of subordinate employees who were fired, the salaried employees may no longer be exempt from overtime because they are being forced to do non-exempt work. These cases are known as "mis-classification" cases, meaning that the employer has mis-classified the employee as salaried, in order to avoid payment of overtime.

As layoffs continue, more of these mis-classification cases will likely be filed.


Disclaimer: Nothing on this page is intended as legal advice; nor does the reading of this page create an attorney-client relationship. If you have a legal claim, or need to defend a claim, you are advised to seek an attorney immediately.