Are you not receiving your full compensation for hours worked in your paycheck? Are you tracking your hours?...
Exempt vs. Non-Exempt Employees
The law divides employees into two categories: exempt employees and non-exempt employees. All non-exempt employees are entitled to overtime pay if they work more than 40 hours in a work week. Unfortunately, many unscrupulous employers take advantage of their employees’ lack of understanding of what makes a worker exempt from receiving overtime pay. Under the law, the following types of salaried employees are exempt from overtime pay:
If an employee’s primary duties include office work in direct relation to management procedures or general business operations.
To be classified as an executive employee, a person must be in charge of two or more workers, have the ability to hire and fire employees, and perform management duties.
Typically, to be classified as a professional employee a person has participated in an advanced or prolonged course of study in order to obtain advanced knowledge that applies to their career.
In many cases, outside sales workers and some computer or technology professionals may be exempt from overtime pay.
Illegal Reasons for Denial of Overtime Pay
At Phillips Dayes Law Firm, our overtime pay attorneys have seen employers use countless illegal tactics to deny their workers overtime pay. Some of the most common ways employers violate overtime pay laws include:
- Requiring overtime hours to be approved in advance in order for a worker to collect overtime pay
- Denying overtime pay to non-exempt employees on the grounds that they are paid a salary instead of hourly wages
- Misclassifying employees as exempt from overtime pay
- Docking hours
- Forcing employees to work off the clock after they have already worked 40 hours in a work week
- Failing to pay employees for time spent in on-the-job training or meetings
- Failure to include bonus pay when calculating an employee’s true hourly wage
Contact an Overtime Lawsuit Attorney
If you suspect that you have been illegally denied overtime pay, you need the representation of a highly experienced employment lawyer who is familiar with the intricacies of federal and state overtime pay laws. To learn more about your potential right to compensation, we encourage you to contact us to schedule a legal consultation and evaluation of your claim by a skilled overtime pay lawsuit attorney at Phillips Dayes Law Firm