Have you started a job where you are a salaried employee and are regularly working more than 40 hours a week? You are likely wondering if you are entitled to overtime pay. Here are a few key things you need to know about this legal situation.
What Is The Difference Between Exempt and Non-Exempt Employees?
When doing your own research, you may have discovered that your state has laws about employees that are exempt and non-exempt in regard to overtime pay. A non-exempt employee is another way to say that you are an hourly employee. You get meal breaks and rest breaks during the day, receive at least minimum wage, and receive overtime pay as well for working more than 40 hours in a week. Exempt employees are salaried employees. They have a minimum salary that they receive but do not receive meal breaks, rest breaks, and overtime pay.
Who Decided On How An Employee Is Classified?
It's important to look at how your state defines exempt and non-exempt employees. For example, California has its own standards that are followed, which include that an employee must be working full time and make at least twice the amount of the state minimum wage. They also must have duties that are considered administrative, professional, or executive. The employee also must have independent business judgment about how they perform their job. If these descriptions apply to you, then you would be considered a salaried employee, and would not be entitled to receive overtime pay.
This is just a look at how one state classified employees. There can be additional rules for more employee classifications that would be considered exempt. For example, California also classified truck drivers as exempt employees, even though their duties do not fall under the exempt classification.
What Do You Do If You Feel Like Your Job Is Misclassified?
You may be in a situation where your job has you classified as an exempt employee, even though the state laws say that you are a non-exempt employee based on your wages, decision-making responsibilities, and job description. You have a potential overtime pay lawsuit on your hands, and it is highly recommended that you work with a lawyer. You won't just be entitled to receiving overtime pay in the future, but there are laws in place to make sure that you are paid for all the previous work you did that was considered overtime. In addition, some states have additional penalties that the employer must pay as a result of misclassifying your job to avoid paying overtime.
For more info, contact a local overtime pay attorney.
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