There are exemptions under the FLSA for certain job positions and industries. These exemptions will typically mean that employees in these positions are not entitled to overtime pay when they work more than 40 hours. In some cases, employees may also be exempt from the minimum wage requirements, as well.
Click here to learn more about the various exemptions from the overtime pay laws and what types of employees are, and are not, entitled to overtime pay. If an exemption properly applies to your job, your employer will not be obligated to pay overtime.
If my job is changed from “exempt” to “non-exempt” (reclassified), can I recover my unpaid overtime?
Yes. Your employer probably reclassified your overtime status because it discovered that you were previously misclassified. You may be entitled to recover up to double your unpaid overtime wages going back two or three years prior to the reclassification.
If you would like a free, confidential review of your situation, you can submit our online intake form. Note, there are strict time deadlines on how far back you can go on an overtime claim so the sooner you have your situation evaluated, the better.