What Is an FLSA Claim?
It establishes the right to a minimum wage as well as “time-and-a-half” overtime pay for those who work more than forty hours per week. It also forbids children from working in “oppressive child labor.” FLSA applies to employees engaged in interstate commerce. Interstate commerce is the buying or selling of products, services, or any money exchange across state borders. To continue, it also applies when being employed by a business that is involved in commerce or the manufacturing of products for commerce, unless the employer can claim an exception. If you feel that you qualify to receive overtime pay then it’s recommended to contact a Miami Employment Lawyer and to continue reading.
What Is The Difference Between Exempt FLSA and Nonexempt FLSA?
There are major differences between exempt and nonexempt employees under the Fair Labor Standards Act. The employees under exempt do not qualify for overtime pay no matter how many hours they work a week. They are also considered salary employees which means that they receive the same amount of pay for every pay period. On the other hand, exempt employees are those eligible for overtime pay for work in an excess of 40 hours per week. If you feel that you are entitled to overtime pay but not receiving it, it’s always advised to contact a Miami Employment lawyer.
How To Check If You Qualify as an Exempt Employee or a Nonexempt FLSA?
Salary Basis
A salary basis test helps determine if you are an exempt employee. It allows you to see whether you are an executive, administrative, or professional worker. If you are, you must be paid at least $684 per week, or $35,568 yearly, on a salary basis. This is exempted for outside salespeople, instructors, attorneys, and physicians. For instance, computer professionals must be paid at least $684 per week or no less than an hourly pay of $27.63. If you feel that you pass all the requirements for the salary basis test then it is suggested you contact Miami Employment Lawyers.
Duties Test
A duties test can be beneficial to help better understand whether or not you are an exempt employee. This test lists three classifications of workers that are exempted from overtime pay.
Executive Exemption
This includes having a principal responsibility of managing a firm or a department within it. Furthermore, it includes overseeing the work of at least two other full-time or equivalent employees and has the authority to hire and fire others.
Administrative Exemption
which is employees that perform office or non-manual labor directly connected to the employer’s management or general business operations, as well as having decision-making responsibility.
Learned Professional Exemption
is when you are doing work that necessitates a high level of expertise and work in a science or education-related field that requires an advanced degree. However, if you do not meet the duties and standards requirements you are eligible for overtime pay based on the federal state guidelines.
Due to the very meticulous process that comes along with these test, it is recommend to contact a Miami Employment lawyer.
How Can Being Misclassified Become A Legal Matter?
Being misclassified as either an exempt or nonexempt employee is against labor law violations. If the matter is handled properly you may be entitled to compensation for unpaid wages. Always speak with a Miami Employment Lawyer. At PereGonza consultations are free and we do not charge fees unless you win the case.
Article by: Alyssa Marie Otero
