Salaried Workers and Unpaid Overtime Violations

The Fair Labor Standards Act (FLSA) applies to every worker in the United States, except for certain workers who are considered “exempt” for various reasons. If a worker falls into an “exempt category,” then either minimum wage rates or overtime regulations may not apply to them. Unfortunately, many workers are deemed exempt by their employers yet they do not meet the legal criteria required to categorized as so.

If you are a salaried employee who is nonetheless making less than $455/week and are not being paid for overtime, you might be misclassified — and thus might have a right to up to three years in unpaid wages / overtime pay. Along with these unpaid wages, you may be able to recover attorney fees and liquidated damages under the FLSA. This means that you can recover not only your unpaid wages but an amount equal to those wages – doubled, in damages.

Our Brownstown unpaid wages and overtime attorneys will help you determine if your rights have been violated. Located in the Downriver area, we fight for employees and workers all over Michigan. We welcome you to contact us online, by email or by phone. Our phones are staffed 24 hours a day for your convenience, and we offer flexible scheduling to meet your needs.

Misclassifying Salaried Employees

One of the most common FLSA exemptions to certain wage and overtime laws is the “administrative exemption.” In order to fall correctly within this category, several criteria must be met, including:

  • The employee must be paid on a salary or fee basis a rate of at least $455 per week,
  • The employee’s main duties must be to perform office or non-manual work directly related to management, and
  • The employee’s main duties must include the exercise of discretion and independent judgment with respect to significant matters.

To be paid on a “salary basis” means the employee receives a predetermined amount of pay each pay period. This amount cannot be reduced due to the quality or quantity of the employee’s work. Although there are some exceptions, the exempt employee must receive the full salary amount for any week the employee works, regardless of the number of days/hours worked in that workweek.

If you meet all three of these criteria then you qualify for the administrative exemption, and thus generally will not be owed overtime if you work over 40 hours in a week.

If you are a salaried employee who is making less than $455/week and you are not receiving overtime contact the Law Offices of Bryan Yaldou today for a free consultation. Allow our wage and hour attorneys assist you in recovering the money you have earned!

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One of the industries were employees are misclassified as salaried employees is in the Home Health Care industry. Employers often try to pay a salary to home health care workers to avoid payroll difficulties that are inherent in the type of services… Read More

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