Wage & Hour Law Attorneys in Indianapolis
Are You Being Fairly Compensated for Your Work?
According to federal law, non-exempt employees must be paid time-and-a-half for any hours worked beyond eight in a day or 40 in a workweek. Laws such as these are granted by the Fair Labor Standards Act (FLSA), which has been in effect since 1938, yet some employers may willfully or unintentionally violate their employees’ rights.
Common violations of the FLSA include:
- Misclassifying hourly employees to avoid paying overtime
- Paying normal rates for overtime hours
- Requiring employees to work through breaks and meals
- Mandating off-the-clock work without pay
At Cleveland Lehner Cassidy, we work for clients who want to hold employers accountable for violating their workers’ rights. When you take advantage of our free consultation, our attorneys will learn about your situation and explain how Cleveland Lehner Cassidy can help. When we’ve helped clients with legal challenges like yours in the past, we’ve helped them reach agreeable settlements with the opposition and favorable outcomes in trials.
Are You Entitled to Overtime Pay?
Even if your employer says you’re not entitled to overtime pay, you may very well be. What’s overtime pay for you is an extra cost to your employer for your labor. That means unscrupulous business owners or managers may be inclined to skirt the law and misclassify you as an exempt employee ineligible for overtime pay.
Exempt employees are those whose jobs can fall into four broad categories:
- Executive: These people are salaried and have a full-time responsibility to manage two or more employees. No more than 20 percent of time can be dedicated to other activities, or no more than 40 percent in a retail environment.
- Administrative: These people are exempt because their primary duties are non-manual labor related to business operations, training, and management policies. No more than 20 percent of time can be used for other activities.
- Professional: Professionals have advanced knowledge and extensive education. They can include artists, computer professionals, and teachers. Discretion and judgment are key expectations of these roles and the nature of their jobs is primarily intellectual. As with the others, no more than 20 percent of time can be spent on other duties.
- Outside Sales: These employees are those who often make sales outside of an office. They can be paid salaries or commissions, but as with the others, they cannot spend more than 20 percent of their activity on unrelated tasks.
If none of the above are familiar to your job, you may be incorrectly classified as an exempt employee. Non-exempt employees are those who work hourly, are entitled to overtime, and whose jobs don’t fall within the above categories.
Reach out to a wage and hour law attorney at Cleveland Lehner Cassidy for help if you believe you’ve been misclassified. Contact us online for help today!