LAWS BY VIOLATION

Misclassifying as Salary Exempt (from Overtime)

Often times employees do not think they are entitled to overtime simply because the employer classifies the employee “salary.” However, the actual job duties performed by the employee is what determines whether the individual is exempt and not the job title or classification given by the employer. The three main exemption are Administrative, Executive, and Professional. It is the employer’s burden to show that one of the exemptions applies to an employee. If you do not believe that any of the overtime exemptions apply to you, contact an overtime lawyer.

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