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.
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:
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:
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.