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PayMyOvertime.com |
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Overtime Laws |
Misclassification of Overtime
Misclassification of Overtime ExplainedGenuine executives, administrative employees and professionals do not qualify for overtime pay so long as they are paid by their employer on the “salary basis” as defined by overtime laws. Administrators and professionals can also be paid on a “fee basis” which is also very narrowly defined. Recent winners of overtime claims for failure to pay on a “salary or fee basis” include Design Engineers, Wal-Mart pharmacists, and nurses. The “job title” game- Did you know, many employees are classified as executives, administrative employees, or professionals who really do not qualify for those designations under the overtime laws? That’s right, many employers play a “title game” giving a big fancy job title to someone to try and deny them overtime pay. However, it is your actual work duties that matter, not your title. Waffle House Managers and Assistant Managers who spent most of their time cooking, operating the grill, and waiting tables found out about and asserted their overtime rights and recently won a $2.86 million overtime award for this type of violation. “Independent contractors” please take note: The mis-classification game is not limited to executives, administrators and professionals. Many workers are classified as “independent contractors” when they should really be classified as employees subject to overtime pay. In one recent case, a chauffeur for Bell Atlantic won an award that he was entitled to unpaid overtime because he had been wrongly classified as an “independent contractor” when he was really an employee. Even very big companies can be wrong under the overtime laws and owe you money! |