When your employer tells you that you do not qualify for overtime, you need to find out if you are one of the many misclassified employees in America. Misclassification of your occupation can prevent you from earning the overtime pay you deserve.
According to the Fair Labor Standards Act (FLSA), employers must justly compensate their employees if they qualify for overtime. Sometimes employers intentionally misclassify employees so that they are exempt from overtime pay, thus saving the employers money. This is illegal and it is possible to collect overtime back pay from your employer.
An exempt employee would not receive overtime pay for working over 40 hours in a workweek. Usually, executive, professional, and administrative employees are exempt. But, your job duties must meet certain requirements for this to be so. Just because your employer has listed you as an Administrative Employee, does not necessarily mean that this is true.
Non-exempt employees who work more than 40 hours in a workweek receive time-and-a-half of their normal hourly rate, or overtime wages. Non-exempt employees on salary can still qualify for overtime, too.
It is illegal for an employer to retaliate against its employees for filing an overtime complaint.
Often there is more than one employee in a company who is not being paid fairly, and this is how class action lawsuits start. You should know that filing for back pay is time sensitive, so if you believe that you have been a misclassified worker, or in any way are owed overtime wages that you have not received, you should speak to an attorney immediately.
The overtime law firm of Dunham & Jones represents clients who are not receiving fair pay at their work. If you believe you are owed back pay, are a misclassified worker, or are not receiving compensation for overtime, contact one of the overtime attorneys at Dunham & Jones to do a review of your overtime wage case.