Many overtime lawsuits are based on the employer’s misclassification of an emloyee as a exempted from overtime. This mistake frequently happens when the employer pays the employee a salary, gives him or her an important job title but the duties are those of a regular hourly worker. Your employer must pay you overtime unless you are exempt. Importantly, you are not exempt just because you are “salaried” or because your employer says that you are. Only if you meet the 2 part test for an exempt employee can you be denied overtime pay.
In total, there is a specific “laundry” list of exemptions, and 5 general categories of exemptions:
There are 2 Steps to determine whether you are an exempt employee:
Step 1: Salary Requirement:
Employees must be paid on a salary basis at not less than $455 per week
Step 2: Analysis of Job Duties
Importantly, job titles do not determine exempt status. Instead, you must first determine whether you meet the salary basis. If so, you must determine whether your specific job duties meet the Department of Labor (“DOL”) requirements under various exemptions.
Your employer does not get to decide if you are exempt- the law does. Employers frequently misclassify their employees. please view misclassification for more information.
KNOW YOUR RIGHTS
It is illegal for your employer to retaliate against you or terminate you for speaking up and filing a lawsuit in order to collect your minimum wage and overtime.
The overtime lawyers of the Tran Law Firm represents clients who have not been fairly paid. If you think you are owed back pay or had illegal deductions made from your wages, contact the overtime lawyers at the Tran Law Firm to review your overtime case.
Call 713-223-8855 or Complete the form below