Wage & Hour Violations: Employee Misclassification

Most workers have jobs governed by the FLSA overtime rules and are classified as either exempt or non-exempt depending on their salary and the type of work they do.

Definition of non-exempt employee:

Most employees are entitled to overtime pay under the Fair Labor Standards Act and are considered nonexempt. These employees must receive overtime pay if they work more than 40 hours in a given workweek.

Definition of exempt employee:

Professional employees with “white collar” jobs such as administrative or executive employees, or computer professionals and outside sales employees are often “exempt” from FLSA overtime rules. Certain retail or service employees also qualify for lesser known exemptions. An exempt employee is not entitled to overtime pay.







One of the most common wage and hour violations involves the misclassification of employees as exempt or non-exempt. Just because you have a job title such as “manager” or “supervisor” does not automatically mean you’re an exempt employee. You must meet an exempt employee test.

In general, to meet the exempt employee test you must:

Earn more than $23,600 per year ($455 per week), and

Perform exempt executive job duties such as: Regularly supervise two or more other employees, and also Have management as the primary duty of the position, and also Have some genuine input into the job status of other employees (such as hiring, firing, promotions, or assignments).



[Source: FLSA.com]

Further information on the criteria of the exempt employee test can be found on this fact sheet from the U.S. Department of Labor. An employment lawyer can also help you determine if you qualify for overtime pay. You can obtain a free evaluation with one by filling out the form on this page now.

Wage & Hour Violations: Off the Clock Overtime

Tens of thousands of Americans work off the clock, which means they’re performing work when the employer is not recording or crediting such time. This leads to employees not getting paid for all their hours worked, including overtime.







Common examples of off the clock work violations include:

Unpaid pre-shift and post-shift work such as: Attending meetings or training, Performing opening and closing tasks.

Performing job duties during lunch breaks.

Performing sidework.

Being required to check or respond to voicemails or emails when you’re off the clock.

Being required to clock out to run work-related errands.

Being required to change in and out of uniforms at work (“donning and doffing”).

Employees with questions about off the clock work can get a free consultation with an employment lawyer by filling out the form on this page.

Wage & Hour Violations: Excessive Sidework

Under the FLSA, it is a violation to have a tipped employee (such as a server or bartender) spend in excess of twenty percent (20%) of their time performing non-tipped duties such as maintenance and preparatory work.

It is also a violation of the FLSA to have tipped employees receiving a reduced rate of pay to perform tasks that are completely unrelated to their occupation, such as servers or bartenders having to excessively roll silverware, clean restrooms, or prepare food.

Employees with questions about performing excessive sidework can get a free consultation with an employment lawyer by filling out the form on this page.

Get the Money You Deserve

Millions of dollars in unpaid wages have been awarded to employees through class action settlements with employers.

If you were forced to work off the clock or without overtime pay compensation within the past 3 years, you have rights – and you don’t have to take on the company alone. The employment lawyers who work with Top Class Actions are dedicated to fighting for the rights of workers involved in disputes over labor laws.

Don’t delay! The statute of limitations under the FLSA is 2 to 3 years, depending upon the violation. Find out if you qualify to participate in a class action lawsuit against your employer by filling out the form on this page now.

This investigation impacts everyone OUTSIDE of California. If you reside in California, please click here to submit your information to a California employment attorney.