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Exempt Employee Misclassification

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Exempt Employee Misclassification

One common form of employee misclassification involves classifying non-exempt employees as exempt. The employment lawyers at Miller Shah LLP recognize the complexities and nuances these types of employment classification cases involve and are dedicated to guiding both workers and employers through this challenging legal landscape.

The Critical Issue of Misclassification

Misclassification of non-exempt employees as exempt can have profound implications. A worker’s classification status determines his eligibility for minimum wage, overtime compensation, and other protections like rest and meal breaks. Unfortunately, misinterpretation or deliberate misclassification can lead to significant disparities in pay and working conditions for exempt and non-exempt employees, affecting the livelihood and well-being of workers.

Exempt vs. Non-Exempt: Understanding the Difference

The Fair Labor Standards Act (FLSA) provides special exemptions for non-exempt employees, including overtime and minimum wage protections. However, exempt employees do not enjoy the benefit of these protections. The legal distinction between exempt and non-exempt employees hinges on specific criteria, which can include salary level, the basis of salary payment, and the nature of the work performed. 

  • Salary: If a worker’s salary is above a certain limit, or if the worker’s base salary reflects a pre-determined amount of compensation each pay period, that worker may be considered exempt. Non-exempt employees are usually paid hourly.
  • Job Duties: If a worker is an executive, administrator, professional, outside sales representative, or a certain type of computer employee, that worker may be considered exempt.

Exempt employees do not qualify for minimum wages or overtime pay, but non-exempt employees are entitled to all the protections of the FLSA. They must be paid at least the minimum hourly wage and are entitled to receive overtime pay, as well as rest breaks and meal breaks. Non-exempt employees who have been misclassified as exempt are legally entitled to lost wages.

The Impact of Misclassification

Misclassifying employees as exempt who should be non-exempt can deprive workers of significant earnings and workplace protections. For example, employees may be forced to work long hours without appropriate compensation, missing out on overtime pay they have rightfully earned.

Miller Shah LLP: Your Advocates in Misclassification Claims

The attorneys at Miller Shah LLP have the diverse legal experience and knowledge required to successfully address employee misclassification claims, including those concerning exempt and non-exempt status. We have successfully represented employees unjustly deprived of their rights as well as employers seeking to comply with employee classification laws.

Misclassification cases are complex, but Miller Shah LLP will provide sophisticated legal counsel tailored to your unique situation and protect your rights. We invite you to contact our offices to request a consultation and learn how we can assist you in rectifying misclassification issues. We are your advocate in navigating the complexities of employment classification and safeguarding your rights and interests.

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call 866-540-5505 or complete the intake form to email us.