If you work in Los Angeles and have been misclassified as an exempt employee, you may be entitled to overtime pay. The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. However, many employers try to skirt these rules by misclassifying their employees as exempt.
If you believe you have been misclassified as an exempt employee, you should contact a Los Angeles overtime misclassification lawyer. The experienced employment law attorneys at the Leichter Law Firm can help you determine whether you are actually exempt from overtime pay and, if not, how to get the compensation you are owed.
There are several different types of exemptions from overtime pay under the FLSA. The most common type of exemption is the “white collar” exemption, which applies to employees who are paid a salary of at least $455 per week and perform certain executive, administrative, or professional duties. To qualify for this exemption, an employee’s primary duty must be managing the enterprise or department in which he or she works; performing certain office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; or performing certain professional, creative, or artistic work.
Other common exemptions from overtime pay include the “commissioned sales” exemption, the “computer professional” exemption, and the “outside sales” exemption. To qualify for any of these exemptions, employees must meet certain specific requirements. You can contact Leichter Law Firm an employment law firm in Los Angeles to get more information about your situation.
If you have been misclassified as exempt from overtime pay, you may be entitled to back pay for all of the overtime hours you have worked. You may also be entitled to liquidated damages, which are an additional amount equal to the back pay you are owed. In some cases, you may also be able to recover attorneys’ fees and costs.