Employer Law Blog

A New York court recently entered a judgment of about $700,000 against the owner of a limousine company for sexually harassing a female dispatcher. The judgment consisted of $450,000 in compensatory damages, $100,000 in punitive damages, $167,478 in attorney fees and $3,168 in litigation costs. The case presents an almost classic example of sexual harassment.

Since its enactment in 1938, the Fair Labor Standards Act (“FLSA”) has generally required employers to pay most employees overtime time and a half for all hours worked over 40 during the workweek. Of course, certain employees that are employed in “white collar” jobs are exempt because, in part, they are paid a regular salary each week, regardless of the number of hours actually worked during the week. The exempt positions include those individuals employed in an executive, professional or administrative capacity.