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If you’ve worked a lot of overtime and your paycheck is less than it should be, your employer may be misclassifying you in order to dodge paying overtime.

The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt workers at least minimum wage, as well as time and a half for overtime pay. “Overtime” describes all hours worked in a week over 40.

Some employees, however, are classified as exempt from overtime. If you’re exempt, you aren’t entitled to overtime pay even if you work more than 40 hours in a week.

The specific signs of this misclassification vary depending on your profession, industry, and situation. However, if you think it may be happening to you, here are some questions to ask:

1. Are you hourly or salary?

It’s usually salaried employees that are exempt from overtime pay. There are exceptions to this, however—such as people categorized as computer employees.

If you earn an hourly wage but your employer has told you that you’re exempt from overtime pay, they may be misclassifying you.

2. Do you make more or less than $455 per week?

In many situations, if your usual salary comes out to less than $455 per week, you can’t be exempt from overtime.

Double-check your salary. If you’re not getting overtime and you’re making less than $455 a week, you could have a misclassification problem.

3. Are you in a management position?

Many employees get misclassified as “executive” so employers can avoid paying them overtime.

To qualify for this “white collar exemption,” in addition to making at least $455 per week on salary, you must:

  • Manage at least two other workers
  • Have the authority to fire and hire, or
  • Lead the company, or a division or department within the company

If you’re a supervisor but you don’t do one of those things, you may be misclassified.

See Also: Misclassification of Employees: How Companies Avoid Paying Overtime

4. Are your job duties similar to those of hourly employees?

When it comes to deciding who is and isn’t exempt, your actual duties matter more than your title. If your job involves manual labor—or if you essentially do the same thing as hourly employees, even if your job title includes the word “Manager”—your employer may be misclassifying you.

Is your paycheck lighter than it should be? Not sure if you’re being misclassified? We can help. Email us at murphy@phillyemploymentlawyer.com, or call 267-273-1054 for a free consultation.