Labor Dept. Opinion Letter Doesn’t Shield Randstad From OT Claim

Randstad can’t rely on guidance from the Department of Labor to defend against a lawsuit seeking overtime for staffing consultants.

The ruling from the Sixth Circuit means Judith Perry and two other Randstad consultants can pursue their claims that the global staffing company wrongfully exempted them from overtime pay.

The decision marks the first time a federal appeals court has considered whether staffing company employees are eligible for overtime or whether they fall within an exemption for administrative employees. Staffing consultants are exempt because they follow established methods for performing their jobs, rather than exercising independent decisionmaking, the court ruled. ...