Are you working long shifts and weekends but aren’t getting paid overtime pay because your employer classifies you as salaried? This may be a violation of your legal rights. There are laws that mandate how overtime pay is handled and which employees can be rightfully classified as salaried. If your employer has wrongfully classified you as salaried, you may have a case for unpaid overtime wages.
Why Would an Employer Classify Me as Salaried When I’m Not?
Sometimes, employers intentionally misclassify employees to avoid having to pay overtime pay or meal and rest breaks. If you are classified as salaried, you may not question working overtime without getting additional compensation. In reality, you may still qualify for overtime pay even if you are on salary. Claims to the contrary are often simply untrue.
Misclassifying an employee for the sake of not paying them overtime wages is illegal and unethical. Federal and California wage and hour laws have strict guidelines for employers on how they classify employees and how overtime hours and pay should be calculated.
What Can I do if I’m Wrongfully Being Denied Overtime?
If you believe that you are being misclassified and are owed overtime wages that you weren’t paid, you should contact and speak to an employment law attorney. The Fair Labor Standards Act (FLSA) and the California Labor Code provide that employees who are misclassified or denied overtime pay have rights and remedies. That means you could be entitled to the difference between the amount you were paid and the amount you should have been paid. In some cases, you can also pursue additional compensation and attorney fees.
If you would like to learn more about being misclassified, or you believe you have been wrongfully denied overtime pay, contact Proxy Law Firm. Let our employment law attorneys help you explore your rights and possible options to recover the wages you could be entitled to receive. Call us today for a free consultation!