I am classified as Exempt and payed a salary w/o OT (more than $23,600 & less than $100,000) by my employer, however the job does not qualify per FLSA it is physical, not intellectual, no supervisory or management duties. Compensation also includes a bonus,if you charge the target amount of hours. The bonus compensation rate is not known until after the year is completed, it is based on the hours billed less the trigger point. I am being pressed to charge (bill) a minimum 1820 hours a year. I have Holiday/PTO but can't take it all to achieve 1820 charged hours. The 1820 hours PLUS work that is not billed to a customer. Like preparing routine reports, arranging travel, Co meetings & training, having vehicle maintained, answering phone calls (customer support). The job is a "field" job, the requirements are specialized but do not require any advanced degrees. 1) Am I incorrectly classified? 2) Does the bonus qualify somehow as OT pay? 3) Is there any reason to approach this with
You obviously have been doing a lot of research on this issue. Confuising "salaried" status with "exempt" status under the Fair Labor Standards Act (FLSA) is one of the most common errors that we encounter when working on behalf of our clients every day.
One question that would first need to be answered is whether your employer is covered by the FLSA. Some are and some are not (for example, interstate trucking companuies covered by the DOT regulations are not covered by the FLSA.)
You have described the attruibutes of your job responsibilities and the payment basis, and (assuming your employer is covered by the FLSA) yes, it does aoppear from what you say here that you should be paid overtime when you work more than 40 hours in a 7 day pay period. There is more to this that I would have to know before giving you final advice on the issues in your case. However, if you are misclassified, and we can prove both that and the fact that you worked but were not properly compensated for overtime, you may recover 2 times the amount of unpaid overtime that you worked in the three years prior to the date the suit s filed, plus interest on the unpaid amount pluys all of your attorneys fees and costs for brining the suit.
You will need to file a wage hour or FLSA complaint in court to get all of this. One question that we would have is whether you have proof of the hours that you actually worked. Do you have pay stubs that show the actual number of hours? What was your empooyer?Did your employer maintain a time clock? Were there any sign in sheets? The plaintiff (in this case you) bears the burden of proving the number of hours he worked in each pay period. However, the company
Wage-hour case sare the only types of employment aw cases that our firm accepts on a contingency basis. We would be hapopy to help you.
Michael A. Caldwell
404-979-3154
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