In an employee misclassification scam, employers will intentionally misclassify employees into exempt categories to avoid paying them overtime. This occurs when employers give workers a job title that does not fit their duties, but will prohibit them from receiving overtime. For example, a worker may be given the title of a salaried manager, even though they are not able to control or direct other employees.
To ensure you are not misclassified, examine whether your job duties fit into an exempt category. If not, you may be a victim of an employee misclassification.
If you are classified an executive, you are prohibited from receiving overtime. Executives have some of the following qualities:
- Management is the primary task
- Directs two or more full-time workers
- Has the power to hire and fire
- Receives a salary
If you are classified as an “administrator”, you should be doing the following:
- Aiding executives
- Office or non-manual work
- Specialized or technical work
- Independently making decisions
- Receiving a salary
To be classified a “professional”, you should meet the following criteria:
- You have advanced knowledge in your field
- You work in a creative, artistic field
- Your work is intellectual
If you feel you have been misclassified into an exempt category, speak with an overtime lawyer today about how to file an overtime lawsuit.