Attorney Helping West Virginia Employees Misclassified as Exempt from Overtime
State and federal labor laws require that employees be paid time-and-a-half for every hour over 40 that they work in a given workweek. Employers wishing to control costs will limit the amount of overtime they have to pay, and one way they do this is by classifying employees as exempt from the overtime rules. While the law does provide certain exemptions, they are widely misapplied by employers, and workers who are told they are exempt may not understand that they are being wrongly denied overtime that they are entitled to. At the Bayless Law Firm, attorney Kay Bayless applies her years of experience in West Virginia labor and employment law to help workers who have been denied overtime recover back wages and other monetary damages that may be available to them.
Federal Overtime Exemptions
The Fair Labor Standards Act (FLSA) exempts certain white collar employees from the overtime rules. Workers who meet this exemption include those classified as either executive, administrative or professional employees. In each of these categories, there are specific rules and criteria to determine whether an individual meets the exemption. Employers and employees alike make the mistake of thinking the job title alone determines one’s exempt status. It is the actual work performed and not the job title that makes the difference.
Briefly stated, employees must meet the following criteria to be properly classified as exempt:
Executives – Their primary duty must be managerial, such as directing the work of two or more full-time employees; having the authority to hire, fire or make recommendations on employment matters; and regularly exercising a high degree of independent judgment.
Administrators – Administrative employees perform non-manual or office work which is directly related to the management or general business operations of the company. An administrator does not engage in producing the company’s product or service as a primary role.
Professionals – Professionals require advanced knowledge in their field in order to complete their primary work in the position. A professional’s work is primarily intellectual and requires one to exercise judgment and discretion. This exemption includes both learned and creative professionals.
In all of the above categories, the employee must meet the salary basis test, which means the employee is paid a salary that is at least $455 per week. Other exemptions in the FLSA may apply to certain computer and high-tech workers, outside sales persons, and tipped employees.
Get Help Today From an Experienced West Virginia Overtime Attorney
Are you receiving all of the pay to which you are entitled? If you believe you have been misclassified as an exempt employee, contact the Bayless Law Firm for a free consultation. You may be entitled to recover several years’ worth of unpaid overtime. However, if you wait too long, your right to recover unpaid wages may be lost. Call attorney Kay Bayless at (800) 359-2356 to find out whether you are being paid fairly or not.