There are several common misconceptions of misclassification cases in Cleveland that an employee may face when filing a claim. These can make it extremely difficult to determine if you have a viable claim for lost wages. Fortunately, our experienced attorneys at Tittle & Perlmuter could help you determine if there has been an error in your exemption status.
In Cleveland, one of the most common misconceptions about exemption status classifications lies with the salary exemption. To be exempt from overtime, an employee must have a salary of at least $455 per week and meet certain job duty requirements, such as supervising two or more full-time workers. If this person is a professional, meaning that someone can only hold their position if they have an advanced degree, they also may be exempt from overtime pay.
Employees can be held exempt or considered misclassified as exempt by their employers because they have a job that they hold a professional degree for, but they do not have to. A lawyer, for instance, is exempt from overtime pay because legal professionals must undergo advanced education and obtained a professional license before they can practice. Therefore, if a lawyer is paid a salary of at least $455 a week, they are exempt from overtime. If an employee is not required to have a license to work in a particular position, that could result in misclassification.
Another common misconception is that if an employee is paid a salary, they are automatically exempt from overtime pay. However, this may not be true. If an employee receives a salary some weeks or a set amount some weeks, but their pay varies based on the amount of work they do, this may seem like a salary. For example, if an employee is paid $2,000 one week, but the amount goes down to $1,500 if they only have 30 billable hours, the employee is not being paid a salary by definition.
In general, some of the most common misconceptions about misclassification in Cleveland often have to do with an employee receiving a salary, whether or not they are entitled to overtime pay, and what constitutes a salary by definition under the law.
Because of these common errors in misclassification cases, it is important to hire an attorney when dealing with these cases. When assisting someone with a misclassification issue, an attorney may ask questions and obtain detailed answers that help identify whether there has been a potential misclassification. Talking to former coworkers often yields additional details about job duties and whether or not the claimant could be classified as exempt.
An attorney also could report the situation to the Wage and Hour Division of the Department of Labor and help with an investigation into such matters. Additionally, a lawyer in Cleveland could help file a lawsuit if it becomes clear that there was a misclassification. Damages in these cases may include wages that were improperly withheld or stolen, liquidated damages either two times or three times the amount of the wages, attorney’s fees, and costs.
Some of the common misconceptions of misclassification cases in Cleveland could adversely impact the outcome of your claim. As a result, you should speak with one of our skilled attorneys who could point out these mistakes and correct them, so that you have a fair chance at receiving the compensation you deserve. For help on your case, schedule a consultation today.