Salary vs. Hourly Classification Violations Lawyer in Los Angeles

Hennig Kramer Ruiz & Singh, LLP Represent Workers Misclassified as “Exempt”

Did you know that many employers have misclassified their employees as "exempt" salaried workers to avoid having to pay overtime? Employers know that many jobs require employees to work more than 40 hours each week. They will then deliberately classify particular positions as exempt as a means to get workers to put in additional hours without receiving time-and-a-half overtime pay. In extreme cases, salaried workers have been required to put in so many extra hours that their pay does not equal state and federal minimum wage requirements for hourly workers.

If this sounds like your situation, you may have a case for a salary vs. hourly classification violation claim. Our Los Angeles salary hourly classification attorneys can help you determine if you have a case, and what your best course of action is. Since 1995, Hennig Kramer Ruiz & Singh, LLP has help workers fight for the pay they earned and protected their rights against unscrupulous employers. We can help you too.

Were you misclassified as an “exempt” employee when you should have been paid hourly? Contact our employment law firm in Los Angeles at (213) 292-5444 for help.

Understanding the Exempt Classification

Most employees are classified as either exempt or nonexempt status for employment. An exempt position means the employer is, up to a point, exempt from wage and hour laws regarding minimum wage, meal, rest breaks, and overtime pay. This does not give your employer license to mistreat or exploit you. In general, it means an exempt employee’s compensation will be based on a weekly salary, as well as possibly sales commissions and bonuses.

Under California state law, employees are required to perform certain types of job duties to have their employer classify their position as exempt. Also, a salaried worker may be able to claim overtime pay for additional hours worked on projects that do not meet the exempt classification test.

Typical fields in which someone’s job might be classified as exempt include:

• Accounting and finance
• Administrative positions in any field
• Executive positions in any field
• Law
• Medicine and healthcare
• Teaching and education
• Technology

Additionally, someone may work in a field in which workers are typically paid hourly but may still be classified as exempt and receive a salary if their job is considered intellectual or creative in nature. There are many requirements involved in meeting an exempt classification, and the labor codes can be difficult to parse for the average individual. Unfortunately, many employers take advantage of this, commit salary vs. hourly wage violations, and assume their employees won't feel confident in reporting them.