Just because you are paid a salary and classified as exempt, that does not mean that you are not entitled to overtime pay.
Under the Fair Labor Standards Act (“FLSA”), all employers are required to pay their employees overtime at a rate of one-and-a-half times the employees’ regular rate of pay for hours worked over 40 in a workweek, unless the employee falls under a specific exemption. So, the default is that all employees who fall under the FLSA are required to be paid overtime, unless the employer can prove that the employee is properly classified as exempt.
There are many common examples of employees who have been found to be misclassified as exempt and therefore should have been paid overtime. Some examples include:
- “Managers” in a retail, banking, or office setting, but whose main job duties do not actually include management (meaning that they spend a majority of their job providing customer service or doing manual labor tasks and not managing other employees).
- “Trainees” who instead of performing the job duties of the position are learning how to perform the duties of the position. In this circumstance, employees could recover unpaid overtime wages for the time period spent during training portion of their employment.
- “Recruiters,” who staff for low pay/low skill positions and therefore do not need to do in-depth analyses of the candidates they refer.
- “Software Engineers” who primarily perform technical support or data entry tasks.
Logan A. Pardell, Esq., one of the Founding Partners of PKG, has extensive experience litigating and settling these types of unpaid overtime cases, both on behalf of individuals as well as on a class/collective basis.
If you believe that you were wrongfully denied overtime pay, do not hesitate to contact us at info@pkglegal.com or at (561) 726-8444 for a free evaluation of your claim.