Why your employment classification matters

On Behalf of | Aug 27, 2020 | Wages & Hours

When you go to work, clock in and do your job, you expect your New York employer will pay you fairly for all hours worked. Unfortunately, it is common for hourly workers to find they are not getting the full amount of wage they deserve because their employer misclassified them. This is not something to which you may give a lot of thought until you find you’re not being paid fairly.

Your employment status matters. It can make the difference between whether you are eligible for overtime and a standard hourly rate of pay. If you are unsure of your classification or you believe your employer is doing things in order to avoid paying you the full amount of your earned wages, you may have a valid legal case. Wage and hour laws are complex, and you may find it helpful to speak with a legal ally to understand the options available to you.

Are you an exempt employee? 

An exempt employee is one that is not eligible for overtime pay due to the nature of his or her job. Typically, exempt employees are those who earn a salary instead of wages based on the number of hours worked. In most cases, they must earn more than $23,600 per year, and their job duties are different from those in non-exempt roles. Some jobs, such as doctors or teachers, may pay on an hourly basis but still be considered non-exempt.

Are you a non-exempt employee?

A non-exempt employee is one who is eligible for overtime pay. These employees earn at least the minimum wage per hour, and they should receive overtime for anything they work over 40 hours per week. The overtime rate should be time and a half. Non-exempt employees may not get the full amount of pay they deserve when asked to work off the clock. This includes doing even minor tasks before clocking in or after clocking out.

Unfair treatment at work

If you are not getting the full amount of pay you deserve and you believe you are a non-exempt employee, you do not have to navigate these complicated matters alone. You have the right to seek legal counsel and speak out against unfair pay practices at your place of work. A civil claim may allow you to seek unpaid wages and other damages owed to you. Seeking an assessment of your case is a practical place to start if you suspect there is a problem.