Employers commonly misclassify employees in order to keep from having to pay overtime, or to reduce tax and insurance costs. An experienced overtime exemptions and misclassification attorney can help you recover the wages that you are most certainly owed and additional damages. The Dayton overtime exemptions and misclassifications attorneys at Coffman Legal, LLC can help you sue your employer for the wages that have been stolen from you.
Hourly and most salary-based employees are entitled to overtime payment when they work more than 40 hours in a single work week. Overtime amounts to time and a half per hour. For example, if your normal hourly wage (or salary break down per hour) is $20 per hour, every hour of overtime must be compensated at $30 per hour. Misclassifying an employee as an executive or professional is a common way to avoid paying overtime.
Under the Fair Labor Standards Act (FLSA), employers are allowed to classify their executive, administrative, and professional employees as exempt from the overtime requirement, as long as they meet certain criteria under the law. These criteria include being paid a salary of at least $684 per week and job duties that match the following, according to the Department of Labor:
There are dozens of other occupations that have exemptions for the 40-hour overtime rule. These include, though are not limited to, salespeople, mechanics at auto dealers, computer employees, farmworkers, outside sales employees, drivers, highly compensated employees, seasonal employees, and commissioned sales employees. As such, it is important to discuss your case with a qualified employment attorney to determine whether you are being misclassified or not.
Another way your employer may be withholding overtime wages is by classifying you as an independent contractor. Some employees may actually believe that they are independent contractors, as the terminology used to describe independent contractors versus employees can be ambiguous. For example, according to the FLSA even if you receive a 1099 and sign an independent contract agreement, you may not be an independent contractor. An attorney can help determine if you are an employee, and entitled to overtime, or not.
If your job description does not sound like an executive, professional, independent contractor or another type of overtime exempt worker, yet you are classified as such, your employer is most likely taking advantage of you, and should be paying overtime. Call our overtime exemptions and misclassifications attorneys at Coffman Legal, LLC today at 614-949-1181 to schedule a free consultation.