Were you wrongly classified as exempt from overtime pay?
One costly mistake that employers often make is the misclassification of the wage levels of employees. When workers are wrongly considered exempt from overtime pay, they are cheated of rightful wages regardless of whether or not the misclassification was intentional. In most cases, employees who have not been paid for overtime that they should have been compensated for are eligible to file a claim to recover their unpaid wages.
The basic requirement outlined by the Fair Labor Standards Act (FLSA) is that all employees are entitled to at least minimum-wage for all hour worked, and any time over 40 hours should be paid at a rate of one-and-a-half times their “regular rate” of pay. Certain management and salary levels allow for employees to be considered “exempt,” but a large majority of positions allow for employees to collect overtime pay for hours worked. The overtime attorneys of Williams Kherkher believe that all employees should be compensated for the time they spend on the job, and they work hard to help hold employers accountable for failing to pay the proper wages at the proper rates.
Certain management positions, advanced professional occupations, and outside sales jobs may be correctly classified as exempt from overtime pay, but most other individuals are most likely owed overtime for any hours worked over 40 hours per week. The following job categories are often “at-risk” of overtime misclassification:
- Retail employees
- IT/Call-center workers
- Nurses and hospital administrative staff
- Service technicians
- Service industry / Tip and wage employees
- Oil and Gas Field Workers
If your employer has failed to pay you for overtime hours worked, it is important to contact an attorney at Williams Kherkher immediately.
What happens if I file a claim?
If you have been wrongly classified as exempt when you should be non-exempt, you may be able to pursue legal action to recover your unpaid overtime, and collect two dollars for every dollar that you are owed by your employer.
Unfortunately, employees are sometimes unsure about filing a wage claim against their employer, often because they are afraid of the repercussions of such an action. It is important to know that it is against federal law for your employer to retaliate against you in any way for identifying and addressing the error they made with your wages. It is also essential to have an experienced lawyer on your side to help make sure you are compensated for every penny you are legally owed. Call Williams Kherkher at (888) 262-9002 to begin working on your case today.