Do you put in long hours on the job? Has your employer failed to pay you overtime wages because you are an “exempt” employee? Or an “independent contractor”? Employers often tell their employees they are exempt from overtime pay if they are paid on a salary basis. Some employers give an employee a title like “engineer,” “technical specialist” or “manager” in an attempt to classify the worker as an independent contractor.
You may have a right to overtime wages if your employer incorrectly classified you as an exempt employee or an independent contractor. However, filing a claim to collect can be complex without the help of an experienced lawyer. At the Law Office of P. Zachary Stewart, we understand the frustration workers experience when they are not rightfully compensated for the work they do. Contact our firm to help you determine whether you qualify to receive overtime compensation due to job misclassification. Call 304-914-3577 contact us via our simple online form for a free consultation.
What Is The Difference Between “Exempt” And “Nonexempt?”
Exempt employees are workers who are paid on a salary basis and are not protected by overtime regulations and minimum wage laws governed by the federal Fair Labor Standards Act (FLSA).
“Nonexempt” employees are workers who are paid at least the minimum wage, on an hourly basis. Protected by FLSA regulations, nonexempt workers must be paid at the overtime rate of pay when they work more than 40 hours in a week. The overtime rate of pay is 1 1/2 times their regular pay for every hour of overtime.
Eligibility for overtime pay is determined by a worker’s job duties and responsibilities. Many salaried workers and independent contractors are entitled to overtime pay.
You should not assume that you are exempt from overtime pay based on your job title, because you are paid a fixed salary or because you are an independent contractor.
Contact Us To Get Started On Your Claim
If you are a worker with a potential claim due to employee misclassification, speak to an experienced attorney soon. Call the Law Office of P. Zachary Stewart in Weirton at 304-914-3577 or complete our online form. While we primarily serve clients in Pennsylvania and West Virginia, we also help clients nationwide with their employment law matters.