Many employers misuse or misapply exemptions to avoid paying overtime to employees who must be paid overtime if they work over 40 hours in a week. Some of the most common mistakes or scams include:
1. Employees who are paid a salary aren’t eligible to be paid overtime.
Even if an employee is paid a salary, he or she must be paid overtime if his/her job duties and responsibilities don’t qualify for the exemption. In this case it depends on the job duties of that employee.
2. If an employee’s job title is that of manager, supervisor, or administrator, he or she is exempt from being paid overtime.
Title itself does not determine whether the employee must be paid overtime or not, again it depends on the job duties.
Again it depends on the job duties. Highly paid employees are usually not eligible for overtime pay, but the amount of pay is not the determining factor.
Again it’s the job duties, and not what kind of work the employee performs, that determine whether an employee is exempt from overtime.
5. Employees who are college-educated or who have advanced degrees are exempt.
Again it’s the job duties and not the level of education that determine whether an employee is exempt from overtime.
6. If employees prefer to be paid a salary and do not want to record their time, then they can be treated as exempt
Under the Fair Labor Standards Act, the employees cannot give up their rights. Employers are required to keep track of working hours for employees for overtime purposes.
If you feel you are owed unpaid overtime please contact us for legal assistance.http://prestonbrar.com/six-ways-your-employer-may-be-ripping-you-off/