Overtime Liability Under the Fair Labor Standards Act (FLSA)
Salaried Employees May be Entitled to Overtime
The federal Fair Labor Standards Act (FLSA) governs whether an employee is entitled to overtime compensation if he or she works in excess of 40 hours in a workweek. Too often employees are misclassified as exempt from overtime compensation, resulting in a significant under payment of wages. Positions frequently misclassified to the employee's detriment include:
- Mid-level managers with less than two direct reports
- Mortgage loan officers
- Paralegals
- Administrative assistants, secretaries and legal secretaries
- Hospital employees and other health care employees, including home health care aides
- Bookkeepers
- Construction workers
- IT help desk employees
- Working supervisors
If you feel you have been improperly classified and that you are owed unpaid overtime for work already performed, contact the Scottsdale, Arizona, law firm of Matheson & Matheson, P.L.C.
Don't Have Records Documenting Your Duties and Hours of Service? Contact Us.
Many prospective clients with questions regarding exempt/non-exempt status hesitate to contact a lawyer because of concerns about record keeping. This is particularly true when an employee has been paid on a salaried basis. However, the FLSA places the burden of proof on employers to maintain accurate records of hours worked. If your employer did not maintain these records, it will harm the employer's case, not the employee's. For more information, please contact a Phoenix employment law attorney at our office by calling 480-889-8951 or 866-521-0720.
