“Salaried Employee Gets Overtime?”

It happens. Even large employers, to this day, misclassify employees as salaried and fail to pay overtime. Misclassification lawsuits are challenging. But with the right facts, they make good law.

Sometimes an employee who exercises almost no independent judgment nor has any policy making input nor hire/fire authority is paid salary. The employee might work long hours and have ways to recall hours worked. These facts can result in substantial recoveries when proven.

The FLSA applies to everyone. If you are like most people you might think that employers always get it right by paying employees a salary instead of hourly. Employers do make mistakes!

Challenging but interesting factors and criteria to prove.

Wanting a salary, being paid a salary, or even agreeing to be paid that way does not mean that you waived overtime pay if you were not given the responsibilities and authority that comes with salaried positions.

An improperly exempt, salaried employee might qualify for overtime pay

If you have been classified improperly as salaried you might still qualify for overtime pay. We examine your job description and job duties carefully. We find those claims challenging but rewarding and have experienced noted success with claims that have strong facts.

What do you do on your job daily? How much actual discretion do you actually have over what and how often do you exercise it? Do you have independent judgment on your job? It’s surprising how little discretion even some relatively highly paid employees actually exercise.

An assistant manager for McDonald’s you may be exempt from overtime pay under the FLSA. You might earn twice as much as the assistant manager does but actually have less discretion and independent judgment on your job.

An employee wearing a three piece suit to work may actually have less discretion and independent judgment today than someone who performs manual labor. You may dress professionally, have a nice office, and still be entitled to overtime while another employee working manual labor exercises more discretion and independent judgment on their job.

How many years of unpaid overtime might you be able to recover?

Combining 3 years of unpaid overtime under the FLSA plus an additional 3 years under New York Labor Law could result in up to 6 years of unpaid overtime plus liquidated damages, which might double the amount. Plus attorney’s fees, interest, costs all paid by the employer.

The Department of Labor does a good job but can not keep up with how every employer compensates its workforce. Cases show that even the biggest companies, including financial institutions with thousands of employees, make errors.

Classes of exempt employees in general

Generally three classes of employees are exempt from overtime pay.

• One group is professional employees (doctors, accountants, lawyers who actually practice in their licensed fields) so even these persons might not be exempt.

• Executives or highly paid employees who earn more than $100,000 are usually exempt but there are exceptions.

• The third group are administratively exempt employees. https://www.urbanylaw.com/new-york-employment-law-914-366-7366/hostile-workplace/ You might think that you qualify under this category. Managers are usually exempt under this category but your employer can not simply call you a manager and claim you are exempt from overtime pay because it gives you a salaried compensation package. Do you truly exercise discretion and independent judgment in your job? Some preliminary questions might include whether you make policies, hire, or fire people?

If you think that you may have been denied overtime pay and improperly exempt or salaried call us to discuss.

Call New York employment lawyer V. Jonas Urba at (914) 366-7366