Salaried Employees Overtime Pay Laws & Lawsuits
WASHINGTON D.C — Many employees do not realize that they are entitled to overtime pay if they are a salaried employee. Companies often tell an employee making a salary that they have to work overtime hours but are not entitled to overtime pay because they are not an hourly paid worker. Depending on the occupation, this can be a violation of the Fair Labor Standards Act (FLSA).
Under the FLSA, it makes little difference if the employee is considered “hourly” or “salaried” when evaluating then an employer is violating the FLSA. The FLSA looks to the actual job duties to determine whether an employee is exempt from FLSA minimum wage and overtime pay laws. Typically, if an employee actually performs managerial duties (i.e. hiring, firing, setting schedules, interviewing, etc…), they are usually exempt from the FLSA requirements.
There are numerous factors that determine if an employee is exempt under the FLSA. Additionally, some states may have their own overtime pay laws that may be slightly different from the FLSA with respect to employee exemption classification. An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.
To determine whether you are a salaried employee that is eligible for filing an overtime wage claim, contact our experienced Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.