Los Angeles Exempt Employee Lawyer

Employee Misclassification As Exempt: FLSA Attorney 

Many employers in Los Angeles are honest and pay their employees fair wages. Unfortunately, it is also not uncommon for employers to try and cheat their workers from earning their rightful wage. One of the ways employers do this is by misclassifying employees as exempt from certain laws when they are not. Whether a misclassification was intentional or made in error, employees can file a claim against the employer for their actions. If you have been misclassified, we can help you claim the wages and other losses you suffered as a result.

The Fair Labor Standards Act (FLSA)

The federal Fair Labor Standards Act (FLSA) places employees into one of two classifications. Those are either exempt or non-exempt. Non-exempt employees have the right to receive a wage that meets minimum wage laws or that is higher than the required minimum wage. Non-exempt employees must also receive one-and-a-half times their wages when they work over 40 hours in one workweek, or over eight hours in one day.

Exempt employees are not covered by this law. Most of the time, exempt employees earn a high salary, but that is not always the case. Most employees in the state are considered non-exempt under the FLSA, and exemptions are rare.

Which Employees are Exempt?

Exempt employees are typically those that earn a salary and not an hourly wage. Part-time workers that earn less than $455 per week are considered non-exempt. Employers must also perform a salary and duties test to classify workers as exempt or non-exempt. Job titles are not enough to classify employees as exempt, nor is a college or university degree. Employers that are unsure of an employee’s classification must perform both tests to determine if a worker is exempt.

Under California state law, exempt employees must earn a monthly salary that is no less than twice the amount of the state’s minimum wage. Salaried employees are not considered exempt simply because they do not earn an hourly wage. Employers are also expected to comply with wage and hour laws of the state, even when they pay an employee a salary.

Illegal Exemptions Cost Employees Thousands of Dollars

When an employee is classified as non-exempt, the employer can pay them less than the minimum wage, and will likely not pay them overtime, either. Employee misclassification is not always easy to detect and employers often rely on the fact that workers will not notice the error. Employees that do not realize they are not being classified or paid properly could lose thousands of dollars in lost wages, particularly if the error went unspotted for several months or years.

Reach Out to a Los Angeles Exempt Employee Attorney

If you believe your employer has misclassified you, our lawyer can help you recover your lost wages. At Litigation, P.C., our skilled employment attorney can help determine if you have been misclassified and if so, we will hold your employer accountable for paying the damages you deserve. Call us today at 424-284-2401 or fill out our online form to schedule a consultation.