D. AZ Seal.jpgCo-authored by Howard M. Wexler and Robert S. Whitman

In wage-and-hour cases, the method of calculating potential damages is often just as (if not more) important as the underlying misclassification determination.  Since at least the 1940s, the U.S. Department of Labor has consistently taken the position that, where the employer and misclassified employees have a “clear mutual understanding” that their

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