Fleming v. Elliott Security Solutions, LLC is a legal case involving alleged violations of the Fair Labor Standards Act (FLSA) and the Louisiana Wage Payment Act (LWPA).
Daphne Fleming worked as a field supervisor and was paid on a salary basis, earning $1,120 biweekly. He was paid his regular salary even when he worked fewer than 40 hours in a week. But when he exceeded 40 hours, the company paid straight time instead of the time-and-a-half rate required under the FLSA for non-exempt employees.
Fleming claimed he was misclassified as exempt and that his duties did not meet the FLSA’s executive exemption criteria. He also brought claims under the LWPA. The company argued that his supervisory responsibilities qualified him for the exemption.
The Eastern District of Louisiana dismissed his LWPA claim for unpaid overtime but allowed his FLSA overtime claim to proceed, finding factual disputes over his exemption status. The case settled before trial.
Lessons Learned from the Case:
- Employers should review job duties against FLSA exemption criteria to avoid misclassifying salaried employees.
- Paying straight time for overtime hours can lead to FLSA violations if the employee does not qualify as exempt.
If you want to know more about salaried employee rights, read our guide on What are my rights as a salaried employee in Louisiana?
