Thousands of workers throughout the country are misclassified workers, losing thousands of dollars in overtime wages, and this can easily happen with auditors and accountants. Many auditors and accounts believe they fall under the administrative or professional exemption, but particular staff accountants, auditors, accounting clerks and data-entry workers in fact do not hold proper licensing (such as a CPA license) or have wide discretion in their job duties that would make them eligible for exemption under the Fair Labor Standards Act.
A CPA license is considered specialized education and professional licensure. However, many workers in auditing or account positions do not hold a CPA license.
These employees can be legally classified as non-exempt and are eligible to receive overtime pay when their work exceeds 40 hours a week, such as often happens for these employees during tax season.
The Fair Labor Standards Act allows employees to make a wage dispute claim for uncompensated wages going back 2-3 years. If you are a salaried employee and have not tracked your hours, this does not make you ineligible for making a claim, and there is still possibility to move forward to recovering back pay.
The FLSA also prohibits employers from firing or reprimanding employees for seeking back pay or overtime pay. If you think you may have been misclassified and are owed wages for overtime or back pay, you need to speak with a lawyer about your case.
At the wage dispute firm of Dunham & Jones, our overtime attorneys encourage your questions about unpaid wages. We represent accountants and auditors to recover unpaid wages from their employers. Due to the limited amount of you time you can go back to be compensated for your wages, it is important to speak with an attorney as soon as possible to recover as much as much as you can. Call now or fill out the contact form. Our evaluation of your case is free and confidential.
Most of the work I do as an auditor is routine and clerical. Am I eligible for overtime?
Accounting firms frequently try to classify their employees as exempt under the professional or administrative exemption. Being classified as an exempt employee would make you ineligible to receive overtime, but you may be misclassified. Employers often wrongly apply exemptions to intentionally avoid paying their employees premium pay for overtime.
FLSA exemptions typically require a level of authority that may not apply to an auditor who routinely does clerical work. FLSA exemptions are reserved for positions of high-management, where great discretion and independent judgement is used. If this does not sound like an accurate description of your job, you may be a misclassified worker.
Misclassified workers may miss out of thousands of dollars of unpaid overtime. If you feel you may be a misclassified worker, it is important to call us as soon as possible.
Even if you think you may not have a claim, you should still meet with us to ensure your rights are being protected. Many clients have believed that they did not have a claim, and discovered they were owed thousands in back pay.
Due to time limitations on making wage claims, it is in your best interest to begin the claims process quickly. Our evaluation of your case is free and confidential. Call us or fill out the contact for to make an appointment with one of our hour and wage attorneys.
How do I know if I am an exempt employee?
Many employees have been exempt in the financial services under the administrative duty exemption outlined by the Fair Labor Standards Act. The exemption is based on the duties they perform, but they also must be compensated at least $455 per week to completely qualify for the exemption. Exemption truly does need to be examined on a case-by-case basis.
If you believe you have been classified as an exempt employee, but you do not accurately meet the exemption qualifications, then speak with our hour and wage attorneys to examine your case. An exempt status would disqualify you from receiving overtime pay and other benefits, so it is important that you are properly classified.
If you have been misclassified, you can make a claim to recover unpaid wages for overtime, and in some cases you can collect for damages. There is a statute of limitations prescribing how far back in time you can recover your wages, which is why it is important to begin work on your claim immediately. Call now or fill out the contact form to make an appointment with our hour and wage attorneys. Our evaluation is free and confidential.