Cleveland Overtime Exemptions & Misclassifications Attorney
While most workers throughout Cleveland are entitled to overtime pay, sometimes, workers are misclassified as “exempt” employees. When a worker is misclassified as an exempt employee, or as a contractor, they miss out on certain rights and benefits, including the right to minimum wage, overtime, and more. If you believe that you are eligible for overtime pay and have been misclassified, don’t hesitate to consult with a Cleveland overtime exemptions and misclassifications attorney. At the office of Coffman Legal, LLC, we can help.
Am I Eligible for Overtime Pay?
If you are a non-exempt employee, you are eligible for overtime pay if you work more than 40 hours in a seven-day period. For all hours that you work over 40 within those consecutive seven days, you should be compensated at a rate of 1.5 times your normal wage. Contractors and exempt employees are not entitled to overtime benefits.
- Even if you are actually an employee, you may be misclassified as a contractor. If you have been classified as a contractor and are being denied overtime pay as such, consider whether your employer controls the type of work you do, when work is performed, how you are paid, and other elements of your job. If so, then it is very likely that you’ve been misclassified.
- Exempt employees. Certain professionals, including executives, computer-related professionals, outside sales professionals, and more, are not entitled to overtime pay.
How Do I Know if I’ve Been Misclassified?
Understanding whether or not you’ve been misclassified can be challenging. In addition to looking at the criteria for contractors and exempt employees provided by the department of labor, you should consider talking with an attorney. An attorney will be able to review your case and determine whether or not your job description meets the qualifications of an exempt employee or a contractor.
Unfortunately, while some employers do make honest mistakes regarding employee classification, all too often, employers intentionally misclassify their employees in order to save money and escape the burden of having to pay employees benefits. When employees are intentionally misclassified, an employer is in violation of the law and can face consequences as such.
What Should I Do If I Think I’ve Been Misclassified and Denied Overtime Pay?
If you think that you’ve been misclassified and have been denied overtime pay as such, the first thing that you should do is speak with your employer. In some cases, it may be an honest mistake that they are willing to remedy. If your employer insists that you have not been misclassified and refuses to pay you overtime pay to which you believe you’re entitled, it’s time to talk to an attorney.
How Our Cleveland Overtime Exemptions and Misclassification Attorneys Can Help
Our Cleveland overtime exemptions and misclassifications attorneys can represent you every step of the way. We know how intimidating it is to bring forth a claim against an employer — we are here to help and support you. For your free consultation, please call us directly or send us a message online.