Employment

Misclassification

Under the Fair Labor Standards Act (FLSA) certain employees who work more than 40 hours a week are entitled to overtime pay, which is 1.5 times an employee’s regular pay. Sometimes, companies will outright deny employees overtime pay, but other times they will purposefully misclassify workers to avoid paying overtime.

Overtime Pay

There are certain types of employees who will be exempt from receiving overtime pay. However, whether or not an employee is eligible to receive overtime depends on the amount the employee is paid and the job duties they perform. There are many qualifications necessary to achieve eligibility for overtime pay, making it challenging for most employees to understand whether or not they qualify.

Misclassification

Employers sometimes misclassify workers in an attempt to make them ineligible for overtime pay. However, it is important for employees to understand that eligibility for overtime pay is not determined by job titles or pay structure, but rather by the actual work performed and actual pay. For example:

• Job titles like “assistant manager” or “manager-in-training” do not determine whether an employee should be paid overtime
• The fact that an employee is paid a salary does not determine whether they should be paid overtime

How An Attorney Can Help

We have learned from experience that corporations frequently misclassify assistant managers. In these instances, assistant manager will be paid a salary, but will be asked to work well over 40 hours a week. However, even though they are classified as assistant managers, they are not performing any of the duties or responsibilities that would classify them as exempt.

If you work hard for your employer, you deserve to be paid fairly. Companies that try to shortchange employees by misclassifying them are breaking the law and they need to be held responsible. With the help of employment attorneys, you can obtain back wages for the hours you worked, but weren’t properly paid for.

If you believe you are being misclassified by your employer and are being denied overtime, call Whitfield Bryson LLP today for a free consultation. Our employment attorneys can analyze your situation to determine your overtime eligibility and pursue compensation on your behalf.