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Think You Might Be Misclassified as an Overtime Exempt Employee? Here are Five Signs that Suggest that You are Right


Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay (1.5x their hourly wages) for any hours worked beyond 40 in a week. Of course, not all employees in Florida are covered by the FLSA’s overtime regulations. Employers have the right to “exempt” certain workers from overtime pay.

That being said, it is not simply a choice that businesses and organizations get to make. Instead, overtime exempt status depends on a worker’s actual rate of pay and duties of the specific position in question. Here, our West Palm Beach employment lawyers highlight five signs that suggest that someone has been misclassified as an overtime exempt employee.

  1. You are Paid an Hourly Wage

While there are some exceptions—such as for computer employees and outside sales workers—most people who are paid an hourly wage should not be exempt from FLSA overtime regulations. If you are paid hourly and have been deemed ineligible for overtime, your rights may have been violated.  

  1. You are Paid Less than $684 Per Week

As of January 1st, 2020, the Department of Labor (DOL) has raised the overtime exemption salary floor in order to adjust for inflation. If you are paid less than $684 per week and you are listed as an overtime exempt employee, you may be misclassified. 

  1. Overtime Exemption is Based on Job Title, Not Job Duties

Many of the employees who are exempt from the FLSA overtime regulations are professional class workers or managerial class workers. Unfortunately, some employers have used job titles alone as a justification for denying workers overtime pay. That is not how the law operates. Overtime exemptions are based solely on an employee’s actual duties. If your job duties are not actually managerial, your job title does not matter. 

  1. Your Job is Mostly Manual Labor

Under FLSA regulations, manual laborers are, with few exceptions, not exempt employees. If the majority of your job involves manual labor, you are most likely eligible to receive overtime pay. You may be misclassified as an overtime exempt worker. 

  1. Overtime Exemption Was Based On a College Degree

Did your employer tell you that you are ineligible for overtime because you have a college degree or because your job requires a college degree? If so, you may be misclassified as an overtime exempt employee. The Fair Labor Standards Act does not recognize a college degree, by itself, as being justification to deny an employee overtime pay.

Contact Our Florida Wage and Hour Lawyers for Immediate Assistance

At Pike & Lustig, LLP, our Florida employment attorneys handle the full range of wage and hour claims, including overtime misclassification cases. If you were improperly classified as an overtime exempt employee, you may be entitled to recover back pay under the FLSA. To get a confidential consultation with a top-rated lawyer, please call us now. We handle unpaid overtime claims throughout Southeastern Florida, including in Miami, West Palm Beach, and beyond.




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