One of the most common wage and hour violations committed by employers is misclassification. An employee who should be classified as nonexempt and provided an hourly wage is instead classified as exempt and offered a salary in order to avoid overtime pay.
Should You Be Getting Overtime Pay?
Are you getting a salary and working more than 40 hours a week? In order to be classified as exempt and paid a salary, employees must perform high-level job duties as defined by the Fair Labor Standards Act (FLSA). These duties may include management work or outside sales. It is unlikely that the duties performed by secretaries, retail workers and laborers qualify as exempt. If you work this type of job and are not being paid overtime, you should consult an experienced Houston employee misclassification lawyer.
Be aware that the job duties test is based on the duties themselves, not the title of the job. In other words, just because an employee is called a supervisor does not make him or her exempt if he or she is not performing supervisory duties.
These Claims Add Up Fast
Even a few months of working 50-hour weeks can add up to substantial amounts of lost overtime pay. Many of these wage and hour cases involve years' worth of unpaid overtime. At Kennard Law, P.C., our attorneys take care to pursue the full value of every claim.
Call us toll free at 855-KENNLAW or contact us via email to discuss a wage and hour claim with one of our experienced Texas attorneys. Se habla español. We have office locations in Houston, San Antonio, El Paso, Harlingen, Austin and Washington, D.C.