Unpaid Overtime and Overtime Exemptions

Unpaid Overtime in Florida and Alabama

The Fair Labor Standards Act (FLSA) provides that employees who work more than 40 hours in a workweek are entitled to be paid overtime for every hour over 40 at one-and-one-half times their regular rate of pay. It is true that certain classes of employees are exempt from the overtime rules and can be required to work more than 40 hours without additional pay. However, these overtime exemptions are frequently misunderstood or misapplied by employers, who misclassify employees as exempt and do not pay them all the wages to which they are entitled. Fortunately, the attorneys at the Law Office of J.J. Talbott, P.A. in Pensacola are here to help you recover your unpaid overtime. We represent employees across the Florida panhandle and southern Alabama who have been misclassified as exempt employees and help them get the compensation they deserve.

White-Collar Exemptions from Overtime

Most employees who are misclassified as exempt from overtime are white-collar employees who are classified under one of the FLSA’s three “white collar exemptions.” Employees who are told they are exempt may not question the fact. Many people wrongfully assume that if they are paid on a salary instead of hourly, then they are exempt from overtime. It is true that exempt employees must be paid on a salary of at least $455 per week instead of hourly, but this “salary basis test” is only one piece of the overtime exemptions. There are additional criteria that must be present for each FLSA exemption in order for an employee to be properly classified as exempt:

Executive – This exemption applies to employees whose primary duty is managerial. An employee who directs the work of two or more full-time employees can be considered managerial, for instance. Also, having the authority to make hiring and firing decisions or employment recommendations is a hallmark of the executive exemption. Executives typically exercise a high degree of independent judgment as well.

Administrative – This exemption applies to employees who perform non-manual or office work that is directly related to the management or general business operations of the company, as opposed to engaging in producing the company’s product or performing its service as a primary role.

Professional – The professional exemption is for employees whose job requires them to have advanced knowledge in their field in order to complete their primary role in the company. Primarily intellectual, the work of a professional requires the exercise of discretion and judgment. Learned professionals and creative professionals can both fall under this overtime exemption.

Unless your actual job duties fall within one of these exceptions, you are likely being misclassified as exempt from overtime. Don’t rely on your employer’s statements or the classification listed in your job description. The work you actually perform is what counts.

The other major type of exemption from the overtime rules exists for Independent Contractors, who are also frequently misclassified and wrongly considered exempt. Outside sales employees and certain high-tech employees and skilled computer professionals may also be exempt from overtime if they meet the applicable criteria.

Is Your Employer Not Paying Overtime? Legal Help is Available

If you have been improperly classified as exempt from overtime, you may be able to go back and recover unpaid wages for the overtime you worked but were not paid for. You must act quickly, however, because the law does not allow you to go back forever, and if you wait too long, unpaid wages which are rightfully yours can be forever lost. In Pensacola and southern Alabama, contact the Law Office of J.J. Talbott, P.A. for assistance from qualified employment lawyers who can help make sure you are paid the wages you are owed.

Overtime Articles

Work Injury Compensation Claims

The Steps To Take after a Work Injury

You are likely here because you or someone you know has suffered a work injury. If so, you’re one of over 2 million Americans injured at work each year. Now, you’re considering the question: “What steps should I take after a work injury?”. To help you understand and protect your rights under Florida law, the…

Caseworkers drink coffee to get through late night overtime shift

Are Caseworkers and Case Managers Entitled to Overtime?

Case managers or caseworkers in the social work and healthcare fields are often paid a salary by their employers and are told that they will not be paid overtime as they are “exempt” from overtime under the Fair Labor Standards Act. When hired, many employers tell the case managers that they will work 40 hours…

Can my employer make me work overtime?

Generally, an employer can require employees to work more than 40 hours in a workweek, and can even discipline or fire employees for refusing work over 40 hours. The FLSA does not establish the number of hours that an employer can require employees to work in a given week or day. Instead, the FLSA only requires the employer…

Can I get overtime if I am paid a salary?

The decision of whether you are entitled to overtime is not solely based on whether you are paid a salary, but it depends on whether you meet the requirements of the specific overtime exemption (administrative, executive, professional, etc.).  Assuming that your job activities meet these exempts, then you still must be paid a salary of…