As a salaried employee, you may be working harder than you have to. There’s a common misconception that salaried pay covers overtime. However, this is not the case for all salaried workers, and some employers aren’t quick to set the record straight. Discover your rights as a salaried worker and what you can do to recover unpaid wages.
Salaried Employee Misclassifications and Your Rights
There’s often pressure for exempt employees to commit to a never-ending grind, but under the Fair Labor Standards Act (FLSA) it’s possible that, despite your efforts, you’re not even considered a salary exempt worker – which means you should get paid overtime.
Nonexempt workers are typically considered hourly or low wage workers. In some cases, employers either purposely or mistakenly misclassify a salaried worker as “exempt” or exempt from overtime.
To qualify as exempt, an employee’s position must meet certain criteria. For example, his or her salary must be equal to $455 or more per week, and the employee must carry out high-level tasks that require the individual’s discretion and judgment based on the employee’s specific role in the company.
“Salary exempt” is more than just a label – it’s part of FLSA legislation that determines who does and doesn’t receive overtime pay.
Who’s Eligible for Overtime Pay?
Currently, you must make below $24,000 per year as an administrative, executive, or professional employee to qualify as a nonexempt salaried worker. That means, if you worked for more than 40 hours per week at a salary of $23,000, you’re entitled to those unpaid hours. According to the Department of Labor (DOL), those additional wages should add up to time and one-half of your regular pay rate.
Recovering Lost Wages: Who Can File?
Have you worked more than 40 hours per week at a salary of less than $24,000? Did you inform your employer of your overtime only to receive additional pay at less than time and one-half of your regular pay? You may be able to recover lost wages. Individuals, collective groups, and even independent contractors have a right to unpaid overtime wages.
If you believe your employer failed to pay you proper wages, then you have up to three years to file a claim under the FLSA. An experienced employment law attorney in Tampa can help you determine if your situation qualifies.
Recover your unpaid overtime. Contact Wenzel, Fenton, Cabassa, P.A. today for a free consultation regarding your salary hours.