Workforce.com
March 18, 2009
First off, your employer should be congratulated for addressing this very difficult subject head on and making strong efforts to resolve a misclassification situation. Under federal law (the Fair Labor Standards Act), the statute of limitations or "look back" period used is normally two years, and can be as long as three years if it is determined that a violation was "willful."
Here, it sounds like your employer is being conservative and is using the longer, three-year look-back period. Obviously, this is of greater financial benefit to the employees who were misclassified, and who now are being asked to estimate the overtime they worked over the past three years.
In addition to asking misclassified employees to estimate overtime worked in the past, your company most likely will be implementing measures to ensure compliance in the future.
Full Story: http://www.workforce.com/article/20090318/DEAR_WORKFORCE/303189994#crit=
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