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Robert Half recruiter files overtime suit; in separate case, most of temp’s claims go to arbitration

October 22, 2014

Robert Half International Inc. (NYSE: RHI) was sued Sept. 5 by a recruiting manager in California claiming the company misclassified her and similar employees as exempt from overtime; it seeks class action status and back overtime pay. Also, Robert Half reported in a separate lawsuit — where a former temporary worker sued seeking pay for time spent being interviewed by a client — a judge ruled four of the five claims must be handled by individual binding arbitration rather than class action lawsuit.

In the first lawsuit, plaintiff Theresa Daniels claims she worked overtime as a recruiting manager and is owed overtime pay. She claims the job should have been classified as non-exempt.

“Recruiting managers were classified as exempt from California overtime and related laws by defendant, however, these employees did not have managerial duties or authority and were therefore managers in name only,” according to the complaint in the lawsuit.

“Recruiting managers in performing these ongoing, day-to-day, non-exempt and non-managerial tasks had only a minimal role in supervising employees and had no authority to make employment-related decisions relating to defendant’s employees,” according to the complaint. “Furthermore, the recruiting managers were tightly controlled by company policy and by their supervisors, did not exercise discretion or independent judgment as to matters of significance, and their tasks were not directly related to defendant’s management policies or general business operations.”

Daniels worked as a recruiting manager at Robert Half from January 2014 to June 2014. The lawsuit was filed in San Mateo County (Calif.) Superior Court.

Robert Half reported it has meritorious defenses to the allegation in the case and will defend against the litigation.

In the second case, plaintiff Leonor Rodriguez sued Robert Half earlier this year claiming she and similar temporary workers were owed pay for time spend preparing for and attending interviews at clients. The case sought class action status and had been filed in San Diego County (Calif.) Superior Court.

Much of this lawsuit now appears to be going to individual arbitration rather than class action.

“On Oct. 10, 2014, the court granted a motion by the company to compel all of Rodriguez’s claims, except her claim under California’s Labor Code Private Attorney General Act, to individual arbitration,” Robert Half reported in a U.S. Securities and Exchange filing yesterday.

Rodriguez’s initial complaint named five claims: failure to pay wages, failure to provide proper wage statements, failure to pay final wages, unfair business practices and penalties under the Private Attorneys General Act.

In court records, the company argued the plaintiff consented to an arbitration agreement that covered all but the last claim. Court records also say the company will likely file for summary judgment or partial summary judgment on the Private Attorney General’s Act claim.