Whether you are exempt from receiving overtime depends upon your specific job duties – not your title. Misclassification often occurs when employers label workers as independent contractors or exempt employees when, under the law, they should be treated as non-exempt employees entitled to overtime, minimum wage, and other protections.
This practice is common in a variety of industries and positions, such as:
- Call Centers
- Restaurants
- Loan Officers
- Inside salespeople
- Service technicians
- Nursing and home care workers
- Medical billing coders
- Cable installers
Similarly, many employees mistakenly believe that they are automatically excluded from receiving overtime pay if they are salaried or because they are a “manager”, “assistant manager”, or “supervisor” according to their job title. In order to truly be exempt from overtime pay as a manager, you must be paid a salary, your primary duty must be managing a department, you must regularly supervise at least two other employees, and you must be able to hire and fire, or your recommendations on personnel decisions must carry significant weight. Unless all four of these apply to you, then you may be entitled to overtime pay despite your title and despite your salary.
If you suspect that you have been misclassified as exempt when you should be receiving overtime pay, please contact Caffarelli & Associates for a confidential consultation.
