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FLSA Overtime Requirements
Under the Fair Labor Standards Act (FLSA), workers must be paid at least minimum wage. Additionally, workers must be paid time and a half of their regular rate for all hours worked in excess of 40 in one workweek. This federal rule generally governs employee overtime pay; however, certain employees are “exempt” from its requirements due to their employment classification, which is determined via an analysis of their salary and job duties, among other factors.
The number of wage and hour claims has increased dramatically in recent years, and unpaid overtime ranks among the most common legal issues.
New Salary Requirements
Starting January 1, 2020, an employee must earn a salary of at least $684 per week to qualify as exempt, an increase from $455 per week. Of course, meeting the required salary level is only one prong of the FLSA exemption analysis. The new rule does not impact the criteria outlining an employee’s duties; employers must also meet these in order to exempt employees from FLSA overtime requirements.
There are two classifications of employees under the FLSA – exempt and non-exempt. Exempt employees are generally those with supervisory duties who are paid a weekly salary regardless of how many hours they work. However, non-exempt employees are paid an hourly wage and must be paid overtime when earned.
Employers sometimes misclassify employees as “exempt” because they mistakenly believe all salaried employees are “exempt.” Employers also misclassify employees with the title of “manager” or “supervisor” as exempt from overtime pay requirements regardless of their job duties. Another very common misclassification scenario occurs when employers misclassify their own employees as “independent contractors” to avoid paying overtime pay.
Once one worker with a particular job title is found to have been misclassified and denied overtime, it’s likely the employer also paid other employees in a similar manner. Therefore, if you have not been paid the wages you are rightfully owed, your co-workers may be in the same situation and also need help.
FLSA Overtime Lawyers
Our successful track record of employment law representation includes cases involving unpaid overtime, violations of minimum wage laws, unpaid salary and commissions, and more. If you or someone you know is owed back wages, an FLSA attorney at Whitfield, Bryson & Mason can help. We can answer your questions about classification, overtime, wage theft, and other related issues, so contact us today.
Whitfield Bryson & Mason
Our trial lawyers were specifically chosen for the depth of their experience and the breadth of their knowledge. Among the group are attorneys who have been recognized for excellence by industry associations and have gained national recognition for significant victories in challenging cases.
John Whitfield has been significant in his management of a suit involving the death of my son in a motorcycle accident. His professionalism, compassion, support, and especially his knowledge base in this suit has been above reproach. He has communicated well and kept all parties apprised of the status of the suit. I feel he negotiated effectively to reach the best possible settlement for my son's estate. He certainly assures his clients are represented well. I am grateful for his successfully bringing this suit to a satisfactory conclusion. In short, John's expertise has been awesome.
I am very grateful to Gary Mason for taking the initiative in filing suit against the manufacturers of defective CSST pipe. I am sure that this successful litigation will now help Maryland homeowners become aware of the danger of old style CSST pipe and to let them know what steps they may take to protect themselves against those dangers. Who knows how many lives and homes may be saved as a result of his efforts. Thank you Gary Mason for your important work in this litigation. I enjoyed working with him on this effort.