A former Advisory Associate of KPMG LLP filed a putative class action against the firm for failing to pay her overtime pay in accordance with the Fair Labor Standards Act (“FLSA”) and New York State Labor Law (“NYLL”), for all hours worked in excess of 40 in a workweek. The lawsuit, which was filed in United States District Court for the Southern District of New York, alleges that the firm has a practice of misclassifying Advisory Associates as “exempt” from the overtime pay provisions of the FLSA and NYLL.
According to the Complaint, Advisory Associates perform menial tasks, including “photocopying, data entry and downloading documents.” In addition, the Complaint alleges that the Advisory Associates exercise little, if any, independent judgment and discretion on matters of signficance, and, therefore, were covered by the overtime pay obligations of the FLSA and NYLL.
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