Employee misclassification is an illegal wage and hour practice which occurs when an employer intentionally misclassifies a non-exempt employee (one who is eligible for overtime pay) into an exempt category, thereby denying that employee the time-and-a-half wages to which they are legally entitled. According to overtime law, non-exempt employees must be paid overtime wages when working more than 40 hours a week, whereas exempt employees are not eligible to collect overtime pay. However, to be truly exempt, an employee must meet strict pay requirements and perform specific job duties which disqualify them from overtime pay. When an employee who is eligible to receive overtime pay is misclassified as exempt, they may have legal recourse to recover up to three years of unpaid overtime wages for their employer’s violations. To find out if you are eligible to recover back pay due to employee misclassification, visit http://www.usovertimelawyers.com/exempt_and_non-exempt_employees.html and complete the free legal advice form.
Most employees are entitled to overtime wages, and can only be denied overtime pay when they fall under an overtime exemption. To fit into an
overtime exemption, an employee must receive a salary of at least $455 per week and meet certain job requirements. For instance, to be ineligible for overtime pay under the executive exemption, the employee must be able to hire and fire other employees, direct the work of two or more employees and manage a department or subdivision of the company. It is important for employees to remember that simply having the job title of manager or assistant manager does not mean that they automatically fit under the
executive exemption. They must perform the job duties outlined by the executive exemption and earn a salary of at least $455 per week to be a truly exempt executive.
Employees should keep in mind that overtime law, not their employer, decides who is entitled to overtime pay. Often, because overtime exemptions are complex, employees who suspect they have been subjected to
employee misclassification need an overtime attorney to determine whether they have legal recourse. For this reason, the overtime lawyers at Morgan and Morgan are offering a free online legal consultation on USOvertimeLawyers.com to help employees who were denied overtime pay determine their eligibility for an unpaid overtime lawsuit. This online consultation is offered at no cost and with no obligation, so do not hesitate to take advantage of this free case review today.
About Morgan and Morgan
Morgan and Morgan is one of the largest Personal Injury law firms in the country with multiple office locations throughout Florida and the Southeast. The firm handles auto accident cases, personal injury cases, and medical malpractice cases, as well as claims against drug and medical device manufacturers. Visit Morgan and Morgan online at http://www.forthepeople.com for a free case evaluation and information about your legal rights.
