Akron Overtime Exemptions & Misclassifications Attorney
Employers find many ways to skirt Ohio’s overtime laws so they do not have to pay their workers appropriately for work performed. They may misclassify employees as independent contractors that are not entitled to overtime pay. Or, they may wrongfully state that an employee is exempt from these laws when they are not. It is important that all workers understand when they are being misclassified, and when they are entitled to overtime so they receive the full pay they deserve. If you have not received your proper pay, our Akron overtime exemptions and misclassification attorneys are here to help.
Employees vs. Independent Contractors
Independent contractors are not entitled to overtime pay as outlined by the law. However, all employees must receive proper overtime, which is one-and-a-half times their regular rate of pay for every hour over 40 hours a week worked. So, how can you determine if you are an employee or an independent contractor?
- Employees: An employee is considered any worker that does not have control over how they will complete their work. They are under the direct supervision of the employer and typically, the employer will also provide the tools required to do the job.
- Independent contractors: Unlike employees, independent contractors can complete their work however they wish and are typically responsible for providing their own tools for the job. Employers should only concern themselves with the end result, and not how the work is done.
It is not uncommon for employers to misclassify an employee as an independent contractor so they do not have to pay appropriate overtime pay. When this happens, an Akron overtime exemption and misclassification attorney can help you recover the proper pay you deserve.
Certain employees are exempt from overtime pay under the federal Fair Labor Standards Act. Employees that are exempt from overtime laws include:
- Professionals: Employees that receive a minimum of $455 a week in salary are exempt under certain conditions. The primary duties of these employees must require advanced knowledge in a field of learning or science and the knowledge must be acquired through specialized instruction.
- Administrators: Administrative employees must receive a minimum of $455 in salary every workweek and their main duties must consist of non-manual or office work. Administrative employees must also use their own discretion on substantial business matters to be exempt.
- Executives: Executive employees that make a minimum of $455 in salary for every workweek are exempt if they hold a management position in the business. Executives must directly supervise or manage at least two other employees and have the authority to hire and fire these employees.
- Outside sales employees: Employees that work mainly outside of the employer’s place of business, and that are primarily responsible for making outside sales are exempt from overtime laws.
- Computer-related employees: To be exempt from the overtime laws, IT workers must make a minimum of $455 in a workweek and be employed in a capacity that requires them to work with computers.
- High compensation: Employees that make more than $100,000 annually are exempt from overtime laws.
- Miscellaneous workers: Workers that fall under this category include construction workers, first responders, veterans, and more.
Determining whether an employee is exempt from overtime laws requires a full analysis of the employee’s job and work duties.
Call Our Ohio Overtime Exemptions and Misclassification Attorneys for Help
If you feel as though your employer has not paid you appropriate overtime, our Akron overtime exemptions and misclassification attorneys are here to help. At Coffman Legal, LLC, our knowledgeable attorneys can advise on whether you are an employee, an exempt employee, or an independent contractor. When you have not received proper overtime time pay, we will hold employers liable for paying the compensation you deserve. Call us today at 614-949-1181 or contact us online to schedule a free consultation.