Case: Wage & Hour/Statute Of Limitations (D. Or.)

An Oregon federal district court denied Augusta Sportswear, Inc.'s motion to dismiss overtime claims under the Fair Labor Standards Act and state law brought by an information technology coordinator who was misclassified as exempt from overtime, finding that equitable tolling applied to the statute of limitations because the plaintiff lacked actual or constructive notice of a possible claim until Augusta notified him of his misclassification, at which point he diligently pursued his rights by filing suit within seven months.

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