Source: Federal Employment Law Articles
Recently, a California appeals court sent shockwaves through the staffing industry when it ruled in Pellegrino v. Robert Half International, Inc., No. G039985,1 that staffing firm recruiters are not overtime-exempt administrative employees under California law. Since many staffing firms classify their recruiters as exempt administrative employees, there was concern that this decision could have a sweeping effect on staffing industry overtime classification practices. Soon after Pellegrino, a federal district court in Maryland decided Andrade v. Aerotek, Inc., No. CCB-08-2668,2 another case in which a staffing firm recruiter challenged her classification as administratively exempt from the requirement to pay overtime. The Aerotek court held the complete opposite of the California appeals court in Pellegrino, and found that the recruiter was an exempt administrative employee under the Fair Labor Standards Act, and thus not entitled to overtime.
