Overtime misclassification is a common issue for many workers. While some employees are exempt from overtime pay, most are entitled to additional compensation for overtime if they work beyond 40 hours a week.
Employers will sometimes use illegal tactics to reduce or eliminate their responsibility to pay employees overtime. If you believe you have been misclassified and are owed unpaid overtime pay, it is important to understand the common signs so you can protect your legal rights.
Understanding Overtime Criteria
Almost all hourly employees are entitled to overtime pay. According to the Fair Labor Standards Act, non-exempt employees must be paid overtime if they work more than 40 hours per week. Overtime pay consists of one-and-a-half times the employee’s regular rate of pay.
There are very specific situations where an employee may be exempt from overtime pay, meaning the employer can require them to work over 40 hours a week without compensating them for overtime. This is the case with many, but not all, salaried employees.
Some hourly employees (primarily computer programmers) may be exempt from overtime requirements depending on the nature of their duties and whether they earn above a certain compensation threshold. Individuals employed in executive and administrative roles or in specific fields requiring advanced knowledge and education may also be exempt from overtime requirements if both their compensation and job duties meet certain legal requirements. True independent contractors are also not entitled to overtime pay.
Common Warning Signs of Overtime Misclassification
Employees who fit the exemptions outlined by the Fair Labor Standards Act may be legally denied overtime by their employer. However, some employers may try to classify non-exempt workers who would otherwise be entitled to overtime as exempt.
There are key warning signs to look for in instances of suspected overtime misclassification. For example, companies may tell their workers that they are exempt from overtime because of their job title, such as being a supervisor or assistant manager. However, job title alone is not enough to exempt a worker from overtime.
While some exceptions apply to hourly employees, such as computer programmers who earn above a certain hourly rate or yearly salary, most hourly employees are owed overtime pay. Employees who work hourly and are denied overtime should consult a lawyer for further information.
Workers who are incorrectly categorized as independent contractors instead of employees may also fall prey to overtime misclassification. Any worker can experience misclassification, but these issues commonly affect individuals in the restaurant industry, energy industry, sales, construction and maintenance workers, and others who are often subject to both overtime and minimum wage requirements.
Contact an Experienced Wage and Hour Attorney if You Recognize Signs of Overtime Misclassification
If you recognize signs of overtime misclassification by your employer, you should speak with an experienced attorney as soon as possible. You may be owed unpaid wages as well as other legal damages.
An attorney can explain your rights and the best options available to you. Start a free and confidential review by submitting a form or using our chat function.
