Employees who work more than 40 hours in a week are entitled to overtime pay. For every hour over 40, they should be paid at one and a half times their regular rate of pay (this is not always their hourly rate of pay). Unfortunately, workers every day do not get the overtime pay to which they are entitled. There are many ways that employers deny overtime to their workers, but two of the most common ways are by misclassifying their workers as exempt from receiving overtime (meaning not entitled to overtime pay) or independent contractors. If you’ve been told that your job is exempt from overtime or that you are an independent contractor, this may be true, but don’t take your employer’s word for it. If you think you might be entitled to overtime pay that you are not getting, contact Coffman Legal in Columbus to review your circumstances with our experienced and professional Columbus Ohio unpaid overtime attorneys.
The Fair Labor Standards Act (FLSA) allows employers to classify their executive, administrative and professional employees as exempt from the overtime requirement if they meet certain criteria under the law. To qualify under one of these white-collar exemptions, you must be paid on a salary basis not less than $684 per week (beginning Jan 1, 2020). Your job duties must also match with the definition of the job under the FLSA, as follows: Executive employeeshave managerial duties as their primary duties. An example of a managerial duty is directing the work of two or more full-time employees. The authority to hire and fire or make recommendations in the hiring and firing process is another example of a managerial duty. Executive employees typically use independent judgment in carrying out job duties. To qualify as exempt, executive employees must also be paid on a salary basis. Administrative employees are those whose jobs involve non-manual labor, such as office work, that is directly related to the management of the business or general business operations. If your job primarily involves performing the service functions of the business or producing the company’s product, then you are not an administrative employee. To qualify as exempt, administrative employees must also be paid on a salary or fee basis. Professional employeeshave advanced knowledge in their field which is required to perform the primary duty of the job. Their work is primarily intellectual, and they typically use independent judgment and discretion in carrying out their duties. The FLSA recognizes both “learned professionals” and “creative professionals” as being eligible for the professional exemption. Your employer can’t exempt you just because you have advanced knowledge; the job duties must require you to possess this knowledge.To qualify as exempt, professional employees must also be paid on a salary or fee basis. In addition to the preceding exemptions, there are also exemptions for computer employees, outside sales employees, highly compensated employees, commissioned sales employees, drivers/helpers/mechanics/loaders of motor carriers, farmworkers, salesmen/partsmen/mechanics of automobile dealerships, seasonal and recreational establishment employees, among others. The preceding illustrates why it is necessary to contact our Ohio unpaid overtime attorneys if you are working more than 40 hours in workweeks, but you are not receiving overtime. We will provide a thorough review of your employment and pay to determine whether you are being properly or fully paid all overtime compensation you are owed.
Employers are not required to pay overtime to independent contractors, but what makes somebody an independent contractor? The FLSA doesn’t say, but the issue has been addressed by both the IRS and the U.S. Supreme Court. The IRS is interested in this issue because an employer might misclassify an employee as an independent contractor to get out of paying payroll taxes as well as overtime. The IRS looks at 20 different factors to determine whether the company has the “right to control” the worker. Ask yourself the following questions if you are unsure whether you are truly an independent contractor.
If you believe your employer may be improperly exempting you from overtime pay you are entitled to, call Coffman Legal in Columbus at 614-949-1181 for a free consultation with knowledgeable, dedicated, and successful Columbus Ohio unpaid overtime attorneys.