The federal Fair Labor Standards Act (FLSA) requires most employees in the United States to be paid overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. However, Section 13(a)(1) and Section 13(a)(17) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, outside sales employees and certain computer employees.
To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at an amount determined by statute. To be sure, job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department of Labor's regulations.
Although some classes of employees are exempt from overtime payment under U.S. and New York labor statutes, thousands of employees are incorrectly classified as exempt by their employers, often intentionally, and do not receive the overtime pay to which they are legally entitled.
Employees are often misclassified as exempt, and are paid on a salaried basis rather than hourly so that employers can avoid paying overtime wages, amongst other payments. Therefore, many salaried workers may in fact be entitled to overtime pay. Whether or not a misclassification was intentional, those employees may have a considerable claim for unpaid overtime.
The lawyers at Xue & Associates, P.C., in New York City, have extensive experience investigating and pursuing wage and hour claims against employers who have violated the law by their misclassification of employees.
Employee Misclassification Lawyer
The laws in this area are complicated, and many workers are hesitant to confront their employer about it because they fear retaliation. If you believe you have been misclassified and are entitled to overtime payment, contact our office to schedule a free and completely confidential consultation. We can review the facts of your situation and tell you if you have an actionable case against your employer.
Overtime pay is not the only issue regarding misclassification. Many workers are classified by their employer as "independent contractors" rather than full-time employees, largely so the employer does not have to provide critical benefits and protections such as family and medical leave, minimum wage and unemployment insurance.
The U.S. Department of Labor has initiated a misclassification initiative to combat this pervasive issue and restore these rights to those denied them. In 2011, the department collected more than $5 million in back wages on behalf of about 7,800 employees who had been misclassified, a 500 percent increase from 2008.
In order to determine if you have been wrongfully misclassified, our New York misclassified employee attorneys analyze your job duties and the facts of your specific situation to see if they meet the requirements of the Department of Labor's rules.
Meet With A New York City Overtime Exemptions Attorney
If you have been a victim of misclassification or any other employment issue, including unfair overtime practices, failure to pay minimum wage, illegal deductions or tip-related issues, our experienced legal team can advocate on your behalf to obtain what is rightfully yours. Call 212-219-2275 or email us to schedule an appointment.
We generally take employment cases on a contingency fee basis, which means you do not pay attorney fees unless we obtain a recovery for you, either through negotiation, settlement or a court judgment.
The material contained in this website is for informational purposes only and is not to be considered legal advice. A lawyer-client relationship is not created by visiting this website. Prior results do not guarantee a similar outcome.
