Misclassified as Salaried Employee

Misclassified as Salaried Employee Attorneys in Fort Lauderdale

Protecting Workers' Overtime Pay Nationwide

What is An “Exempt” Employee?

Exempt employees are, by law, employees not entitled to receive overtime pay when they work more than 40 hours in a workweek. Whether or not you are an exempt employee can be very confusing. However, your job title or job description does not control whether you are exempt. Likewise, whether you are paid on a salary or hourly basis does not control whether you are exempt. The issue of whether you are exempt depends on a number of factors. The key consideration in determining whether you are entitled to receive overtime pay comes down to what you actually do at your job on a daily basis.

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Job Titles and Overtime Eligibility in Florida

Many employers give employees job titles like "lead" and pay them a salary to make it seem as though they are not entitled to overtime pay. However, under the Fair Labor Standards Act (FLSA), job titles alone do not determine whether an employee is exempt from overtime. Employees with such job titles who do not regularly supervise two or more full-time employees may still be eligible for overtime pay. Sporadic or occasional supervision of other employees is not enough to qualify for the executive exemption.

Additionally, to be exempt, employees must meet specific criteria regarding their job duties, including management responsibilities and decision-making authority, as well as meeting the federal salary threshold of at least $684 per week.

Overtime Misclassification in the Mortgage Industry

It is very common in the mortgage industry for employers to underpay their employees who work long hours. Banks and mortgage companies regularly misclassify their loan officers, mortgage originators, and other like jobs as exempt from overtime pay and minimum wage. Generally speaking, mortgage loan officers are entitled to receive minimum wage and overtime pay when their primary job duty is selling loans from inside an office. This is true regardless of whether your employer pays you on a salary, draw plus commissions, or commission only basis. This also applies to underwriters who are often misclassified as exempt employees.

Are Recruiters Entitled to Overtime Pay?

Staffing recruiters often work far more than 40 hours in a workweek but many of them are not paid overtime as required under the FLSA. Many recruiters are required to comply with company “playbooks” in which they are expected to make certain calls and visits and attend a specific number of networking events. These recruiters do not set policies for the companies but are expected to operate within the guidelines establish for them. Recruiters do not supervise candidates in their performance of services for clients nor do they make staffing recommendations to clients.

Overtime Rights for Office and Administrative Workers

Many employers will commonly misclassify office and administrative employees as exempt. In many situations, this is illegal. An office worker can only be classified as exempt if they are paid on a salary basis of more than $684 per week and if they have independent decisions making authority on behalf of the company on matters of significance.

Training Periods and Overtime Compensation

Even if an employee may be otherwise exempt, this does not necessarily apply to training periods when the employee is initially hired. For example, instructors who are required to complete a training period are not exempt from the overtime provisions of the FLSA during the training period if the instructor is not primarily engaged in teaching or instructing during training. In this situation the instructor trainee must be paid overtime wages when working over 40 hours.

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Were you or a fellow worker misclassified as a salaried employee? Do not hesitate to reach out to our Fort Lauderdale misclassification attorneys at USA Employment Lawyers. Complete our online form or call (800) 483-0998. We serve clients in Illinois, Florida, New York, Colorado, and throughout the U.S.