The specifics and nuances of wage and hour regulations can be difficult to understand. Therefore, mistakes often occur that may impact your pay. A Cleveland employee misclassification lawyer could help you file a claim for lost wages if you did not receive the overtime or pay you deserve. Our dedicated team of attorneys at Tittle & Perlmuter could review the circumstances of your situation and determine if you may be eligible to receive compensation.
A nonexempt employee is someone who must receive minimum wages or compensation for overtime. This means that nonexempt employees are entitled to time and a half for hours worked over 40 or at least the state and federal minimum wage for all hours worked up to and above 40.
An exempt employee is someone who does not have to receive minimum wages or overtime. Some types of employees are exempt from just overtime pay while others may not receive either, such as outside sales employees. Some types of employees, such as supervisors of two or more full-time people, must receive minimum wages for hours worked, but they do not have to be paid time and a half for hours worked over 40 if they are salaried.
Exempt employees lack the right to receive minimum wages for all hours worked, the right to receive any pay for all hours worked, and the right to receive overtime pay. These individuals lack these rights under the statutes and laws that Congress and the state legislature have passed. However, exempt employees may have certain rights pursuant to an agreement with their employer. Therefore, if such a contract violation occurred, the exempt employee would likely have a contract claim, but they would not be entitled to extra damages. An attorney in Cleveland could review an individual’s exemption status to determine they have a viable misclassification case.
In Cleveland, the major distinction at issue in misclassification cases between exempt and nonexempt employees is job duties. Typically, whether an employee is exempt or nonexempt hinges on what they do daily at their job. If they are responsible for tasks that meet the legal definition of an outside sales employee, a professional, a computer employee, or an executive employee, they are exempt. However, the laws are often favorable for employees in this regard, and if they do not strictly meet those definitions or do not complete certain duties weekly, they are not exempt and should receive minimum wages or overtime. In general, the greatest distinction often comes down to an employee’s daily routine and responsibilities.
One of the consequences of an employer misclassifying an employee is that it may exempt this person from minimum wage or overtime pay. Employees are typically misclassified as either independent contractors, when they are really employees, or as supervisors, when they do not supervise two or more full-time employees or meet the definition of a professional under the applicable law. Both of these categories of employees are exempt from minimum wages or overtime pay. Therefore, by misclassifying an employee, the employer is saying that this person is not entitled to minimum wages, per the exemptions under federal and state law.
For example, car salesmen are exempt from overtime pay; likewise, supervisors of two or more full-time employees are exempt from overtime pay if they are paid a salary. If someone was misclassified as a supervisor and did not receive overtime pay that they earned, the court may rewrite their classification so that they receive not only proper compensation for their work, but also liquidated damages, attorney’s fees, and costs, depending on the case. It is important to note that the law may favor employees even if an employer’s classification falls near where it should not be. One of our Cleveland lawyers could help an employee fight for the wage they earned if their employer misclassified them.
Our Cleveland misclassification lawyers have the knowledge and skill to figure out whether there has been a possible violation despite all of the nuances and regulations surrounding these situations. With all the different types of exemptions, our experienced attorneys could discern whether or not there has been a misclassification through questioning.
If there has been a misclassification, our lawyers could pursue a lawsuit on your behalf for the unpaid minimum or overtime wages you should have been paid and other damages. If there has been a minimum wage violation, you may be eligible to obtain treble damages, which is what is owed in unpaid wages, and an additional two times this amount.
If there has been a violation that applies to a group of employees rather than just one employee, our firm also could pursue a class or collective action. For more information about how we could help you, call today.