Employees working more than 40 hours in any week are entitled to receive overtime pay in most cases. Every hour above 40 means you should be receiving one and a half times your normal pay rate. However, numerous employers fail to pay out the required overtime hours they should be. Some employers misclassify employees from the start to avoid any potential overtime issues or declaring them independent contractors, who are also not eligible for overtime.

If your employer has told you that your job is exempt from overtime or they have deemed you to be an independent contractor, it’s worth speaking with an experienced Cincinnati overtime exemptions and misclassifications attorney. You may be classified appropriately in some cases, but don’t take the employer’s word for it. It’s essential to speak with a legal attorney who can delicately determine what is going on.

Misclassifying Workers with White-Collar Overtime Exemptions

Under the Fair Labor Standards Act (FLSA), employers can classify certain employees as exempt from overtime pay. Employees who fall under professional, executive, or administrative roles could be exempt from overtime requirements, provided they meet specific criteria.
Employees must be paid on a salary basis and make more than $684 per week as of January 2020. And, your job duties must fall within the FLSA guidelines for that particular job title. Examples include:

  • Professional Employees: Must have advanced knowledge in their field, which is necessary to perform the primary duties. Job duties are pretty intellectual, and you’re required to use independent discretion and judgment while engaging in these work duties.
  • Executive Employees: Employees must have managerial duties on top of their regular duties. Managerial duties might be an employee who hires or fires someone without having to ask permission. Executive employees also use their independent judgment in day-to-today duties.
  • Administrative Employees: These jobs are non-manual labor positions, such as office work that has a direct link with running the business or other general business operations. Employees who primarily make a company’s product would not fall under this exemption.

These are not the only exemptions. In fact, you’ll also find ones that apply to other types of positions, including:
  • Outside sales employees
  • Computer employees
  • Highly compensated employees
  • Commissioned sales employees
  • Farmworkers
  • Seasonal and recreational establishment employees
  • Motor carrier-related positions, such as drivers, mechanics, helpers, loaders, etc.

Who qualifies as exempt can be very confusing, which is why you need to speak with one of our skilled Cincinnati overtime exemptions and misclassifications attorneys.

Wrongfully Classifying Employees as Independent Contractors

Independent contractors are also exempt from overtime, but that doesn’t mean employers can just classify anyone like that to avoid benefits and overtime pay. This very issue has been addressed in court and by the IRS. The IRS takes a great interest in these classifications to verify employers aren’t failing to pay payroll taxes. The IRS has a long list of criteria it reviews when determining independent contractors.
Some of the factors the IRS looks at includes:

  • Whether you bring your own tools to work
  • Whether you can set your own hours
  • Whether you have the right to accept or refuse work
  • Whether you can hire helpers or decide on how the work will be done

Numerous other questions are pertinent as well. That is why you need an experienced lawyer on your side.

Contact a Cincinnati Overtime Exemptions and Misclassifications Lawyer

If you believe your employer may be misclassifying employees, it’s time to contact a Cincinnati overtime exemptions and misclassifications attorney. To learn more about how we can help, contact Coffman Legal today to schedule an initial consultation.

Contact Coffman Legal Today

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