Generally, the Fair Labor Standards Act (FLSA) says that an employee who works over 40 hours in a workweek is entitled to overtime pay for all hours worked over 40 hours. Typically, overtime compensation under the FLSA is to be paid at time and one-half of the employee’s hourly rate. If the employee is not paid overtime pay for all hours worked over 40 hours in a workweek, he or she may be entitled to recover that overtime pay, along with liquidated damages (doubling the amount owed to the employee) and attorney fees.
The Fair Labor Standards Act provides protection for non-exempt employees who do not receive the correct amount of overtime pay. However, there are several exemptions to the FLSA. Exemptions apply to those people who are NOT protected by the overtime provisions of the FLSA and are therefore NOT entitled to overtime pay for all hours worked over 40 hours in a workweek. For example, professional employees are exempt from the FLSA are are not entitled to overtime pay. Other examples are administrative employees and certain computer employees. For information on other exemptions, visit the Department of Labor.
The FLSA is complex and confusing for employers and employees alike. Because of this, employers often misclassify employees as “exempt” when they truly are not. Employers also classify employees as independent contractors when they are actually non-exempt employees. Misclassification results in denial of overtime pay.
What is misclassification?
- If you are “misclassified” as an exempt employee or an independent contractor, you may be entitled to a significant amount of overtime pay.
- Employees who are classified as “non-exempt” pursuant to the Fair Labor Standards Act are entitled to overtime pay for all hours worked over 40 hours per workweek.
- Employees who are “exempt” are NOT entitled to overtime pay. Independent contractors, who are not employees, are not entitled to overtime pay because they are not protected by the FLSA. The FLSA only protects non-exempt employees of an organization.
- Therefore, if you are “misclassified” as an exempt (usually salaried) employee or an independent contractor, but are actually a non-exempt employee entitled to overtime pay, our Columbus, Ohio overtime lawyers can help you.
Your job title does not dictate whether you are entitled to overtime pay. This is a common mistake employers make so it is important for you, the employee, to really pay attention to your job duties, not your job title. Your job duties dictate whether you should be paid overtime.
What if I am paid a salary and not on an hourly basis?
- This is a very common mistake employers make as well. Just because you are paid a salary, it does not mean you are being paid correctly. You may still be misclassified.
- In some situations, being paid a salary can mean you are not entitled to overtime. For instance, professionals (doctors, attorneys, etc) usually make a salary and are exempt from overtime. Certain executives who make over a certain salary are exempt from overtime. However, your job duties determine whether you are exempt from overtime, not solely your job title or the fact that you are paid a salary.
- If you have questions about whether your job duties classy you as an exempt employee, contact one of our Ohio overtime pay lawyers for help.
Take a good look at the job duties you are performing. If you think you may be entitled to overtime pay, contact us and we can help.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.