How to Recognize Employee Misclassification

One way for employers to (illegally) avoid paying overtime to employees is to misclassify the employees as salaried instead of hourly workers.

This is a serious problem in Texas workplaces, and employees need to be aware of their rights. If you believe you have been misclassified as exempt (salaried) instead of nonexempt (hourly), you may be entitled to significant compensation for overtime hours.

How do I know if I've been misclassified?

To be classified as exempt and paid a salary, an employee must perform high-level job duties. These duties are defined by the Fair Labor Standards Act (FLSA) and typically involve management work or outside sales.

Generally, duties performed by secretaries, retail workers and laborers do not qualify as exempt. Keep in mind, too, that just because your title is supervisor does not necessarily make you exempt if you aren't actually performing supervisory duties.

Another way to tell if your employer has misclassified you is if your status was changed from managerial/exempt to nonexempt, but your job duties didn't change. That could mean that your employer misclassified you from the start and is now trying to avoid a legal claim. You could be owed overtime pay for the time when you were previously misclassified.

Unpaid overtime adds up quickly.

It only takes a few 50-hour weeks of work for unpaid overtime to add up to a substantial amount of money - money that you are owed. Sometimes these cases involve years' worth of unpaid overtime.

If you suspect that your employer has committed a wage and hour violation, an experienced employment lawyer can investigate your case and help you obtain the full and fair compensation you deserve. And don't be afraid to assert your rights - your employer is prohibited by law from retaliating against you for bringing a claim.

At Kennard Law, P.C., we fight to help workers get the wages they are owed. We also fight to protect workers from workplace retaliation.