Some employers pay close attention to the classification of employees, including which ones are exempt and which ones are nonexempt. It may not sound like a big deal, but the misclassification of an employee can cause a lot of trouble. Most importantly, this means that the employee may not be eligible for hourly limits or overtime pay. Conversely, this is a big deal for the employer, as the misclassification of workers is illegal.
Are you classified as an exempt employee, but are sure you should be nonexempt? The first thing you can do is discuss this with your employer. Let him or her know why you believe this to be true. There may be a very good reason for why you are exempt. At the same time, don’t be surprised if your inquiry is shot down and you are told that everything is as it should be.
When an employer benefits from the misclassification of employees, he or she doesn’t want anybody to rock the boat. Instead, he or she wants all workers to agree with this and go with the flow.
Like most, you may not know the first thing about wage and hour laws. What you do know, however, is that you want to be treated fairly at your place of employment. This means receiving overtime pay and taking advantage of other benefits that should be available to you.
If you are facing issues regarding employee misclassification and overtime pay, don’t wait to discuss this with your employer. At some point, you may need to consider your legal rights. In this case, our “Overtime For Misclassified Employees” webpage can guide you.