Classification of Employees

Employment Classification Guidelines

Misclassification of employees is a common problem that can result in employee claims and lawsuits. Mistakes made in employee classification frequently involve:

  • Classifying every salaried employee as exempt
  • Incorrectly assuming every administrative employee is exempt
  • The classification of an employee as exempt based on his or her job title
  • Incorrectly classifying an employee as an independent contractor
  • Using an employee's job description to determine his or her classification

Classification of employees is based on numerous guidelines contained in the Fair Labor Standards Act (FLSA). The FLSA laws pertaining to employee classification can be extremely complex, and in many instances, incorrectly interpreted by employers. If you have concerns about the classification of your employees or would like to verify the accuracy of your classifications, contact an employment lawyer at Moody & Stanford. We are an experienced employment law firm that can determine if your classifications are accurate according to state and federal statutes.

Upholding Employment Laws

FLSA classification laws are extremely detailed and frequently misapplied. In addition to nonexempt/exempt misclassifications, employers also make errors in the classification of certain employees as independent contractors. Our firm has an in-depth understanding of state and federal classification laws, and can answer any questions you have regarding the accuracy of your employee classifications. We are knowledgeable and skilled employment law professionals who can help you resolve any misclassification issues or other employment-related legal matters.

Abercrombie & Fitch Hiring Practices

New Mexico Employment Lawyer Handling Discrimination Claims

Abercrombie & Fitch is a multibillion-dollar apparel retailer that targets teenage and college-age shoppers. Youth are a major focus of this company. In fact, the retailer's CEO has even made statements that have indicated Abercrombie & Fitch's focus on youth throughout every facet of the business operation. While it is perfectly fine for a company to know what type of audience it is targeting, it is not OK when that company starts discriminating against job applicants or employees simply because they do not have a certain image, whether that is a "youthful" image or some other type of image.

Abercrombie & Fitch has actually been sued on multiple occasions for alleged employment discrimination, including age discrimination, race discrimination and even religious discrimination. Our New Mexico employment law attorneys at Moody & Stanford are investigating the retail chain's hiring practices — both at the store level and at the corporate level — in order to uncover any policies or actions that involve age discrimination. If you are age 40 or older and have been either unfairly denied a job at Abercrombie & Fitch or unfairly terminated from the company, we want to hear your story! If you have any type of information regarding Abercrombie & Fitch's hiring practices, we encourage you to speak with our employment law firm.

Abercrombie & Fitch's History Of Discrimination Lawsuits

In one of Abercrombie & Fitch's class-action lawsuits, the retailer was sued by thousands of plaintiffs in 2003 for allegedly discriminating against Latinos, African-Americans and Asian-Americans in its hiring and employment practices. As a result of the lawsuit, the company reached a settlement in 2004 in which it agreed to hire a vice president for diversity and diversity recruiters, as reported by The New York Times. The company also agreed to pay $40 million to the plaintiffs.

There are also many other lawsuits that have occurred in recent years. In one case, a 55-year-old former pilot of the clothing company's corporate jet sued Abercrombie & Fitch, claiming that he was terminated because of his age, according to ABC News. Another lawsuit sought damages for two Muslim women who said they were discriminated against because they were not willing to take off their hijabs, or head scarves, during work. That lawsuit was settled in 2013, with the company paying the women monetary damages and agreeing to change its policies regarding hijabs and religious accommodations, according to The Guardian.

Don't Accept Discrimination. Take Action!

No one should have to be denied a job or treated unfairly at work simply because of his or her age, gender, religion, race, etc. If you are the victim of employment discrimination committed by Abercrombie & Fitch or any other employer, you need to take action to put a stop to this unjustifiable behavior and to seek compensation for the hardship you suffered. Contact us so we can help you fight for justice!