When a person is misclassified by an employer, they usually do not get their overtime. It means they get a flat salary for the number of hours they work when they should be given time and a half for every hour they work over 40 hours. If you have been misclassified as an employee, consult a qualified employment attorney. A Nashville employee misclassification lawyer can get you the overtime pay that you are entitled to plus double damages, and have the employer pay for your attorney as well. Work with a skilled attorney and know that you are in good hands.
Nationwide, an exempt employee is a person who gets a weekly salary; currently receives $455 a week, and their job meets certain criteria. There are lots of exemptions, so it is important to talk to a lawyer to see if a person meets the criteria to be considered exempt under the management exemption. There are strict criteria for classification as exempt employees. Examples of jobs that might be exempt are administrative professionals, managerial employees, and learned professionals such as doctors, lawyers, and registered nurses.
Sometimes an employee can be exempt, but not always, so it is important to talk to a Nashville employee misclassification lawyer to determine whether a person’s job is exempt. There is no clear answer. The biggest dispute is whether a person’s job duties qualify them as exempt and a lawyer who practices in this area can ask the person specific questions about their job duties. Based on the answers, the lawyer can determine whether that person is exempt or non-exempt
A non-exempt employee in Nashville is a person who is entitled to minimum wage or overtime under the Fair Labor and Standards Act. A person’s job duties qualify them as a non-exempt employee. They should talk to a lawyer who specifically practices in this area to see if they are non-exempt.
Just because the person’s employer says the person is non-exempt that is not necessarily true. The determination is based on a person’s job. Non-exempt employees are entitled to time and a half of the regular pay for every hour over 40.
A common misconception about exempt classifications in Nashville is that if a person receives a salary they are automatically not entitled to overtime. That could not be further from the truth. The false information provided by the employer contributes to misconceptions about exempt and non-exempt employment. The employer gives information interpreting the law in a way that is favorable to the employer, when the court may not interpret the law that way.
A Nashville employee misclassification lawyer can talk to you, determine your salary, identify your duties during the week, and identify your method of tracking time. Based on the information they receive, the lawyer can determine whether or not you are entitled to overtime. If you are entitled to overtime, an attorney could help you try to negotiate with your employer to get the money that you are owed. If that does not work, you can file a lawsuit to collect your money. The employer is responsible for paying the attorney’s fees for your lawyer if you are, in fact, entitled to overtime. Most law firms do not charge people for coming in to find out if they are entitled to overtime. Work with a qualified attorney that could help you receive the wages you are owed.