As you may already be aware, many employers attempt to prevent their employees from obtaining overtime pay by misclassifying their job status. As Tampa overtime attorneys, we know that employers cannot exempt an employee simply because they gave them a new job title. If you are rightfully owed overtime pay, a Tampa overtime lawyer can assist you.
Unfortunately, employee misclassification is a common practice by employers. Typically, this is when the employer classifies their employee as an independent contractor or “promotes” an employee to a managerial-titled position that does not benefit the employee financially or entail any different job tasks than their previous position. This is an illegal tactic performed by the employer to create an exempt status for the employee, preventing them from rightfully seeking overtime pay.
FLSA’s Requirements for Overtime Pay
The Fair Labor Standards Act (FLSA) lays the groundwork for federally instituted wage and hour laws. Similarly, many state legislatures have created comparable laws also pertaining to minimum wage and overtime pay requirements. Employers are required by law to comply with both federal and state requirements pertaining to wage and hour laws. Under the federally established FLSA, non-exempt employees should be compensated a time-and-a-half pay for any hours worked over 40 per week. For example, in Florida, this would mean that instead of $8.25 per hour, the employee would be compensated $12.38 per hour for overtime pay.
Determining Exempt or Non-Exempt Employee Status
Not all employees are entitled to overtime pay just because they worked over 40 hours in a single week. The FLSA has defined white-collar exemptions that “exclude bona fide executive, administrative, and professional employees from federal minimum wage and overtime requirements.” The employee must meet a certain criteria to appease the requirements of this non-exempt status. Some standards that need to be met include that the employee must have a based salary (rather than hourly rate), must earn above the minimum wage, and the job responsibilities typically must entail a certain level of managerial tasks for the company.
Seek Legal Counsel from Tampa Overtime Attorneys
If you do not work in a white-collar office environment, are not a salaried employee, and have no managerial control of any department in your company, then you are likely entitled to overtime pay. If your employer owes you overtime pay for your services, contact our law firm today and speak with one of our experienced Tampa overtime attorneys. When you contact our law firm, we will evaluate your employment status, analyze your potential case, and provide you with the right legal guidance.
If you would like to speak with a Tampa overtime lawyer, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.