Exploited and Overtime Eligible. Were You Misclassified as a Salary-Paid Employee?

Misclassification of ClaimsIf you’ve read some of our blog posts, you may know that even if your employer classifies you as a salary-paid employee (referred to as an “exempt employee”), the law may still entitle you to overtime wages for all hours worked over 40 per week.  This is referred to as an “overtime wage misclassification” issue.  But did you know that frequently, it’s the employer’s own efforts to save on their bottom line that result in an overtime wage violation?

At the Shavitz Law Group, we’ve represented thousands of employees in overtime wage misclassification claims, and frequently find that the misclassification was the direct result, at least in part, of the employer’s overtime labor budgets.  Overtime labor budgets are generally meant to restrict the amount of overtime employees can work and be paid for.  While setting labor budgets unnecessarily low saves the employer money, it often results in hourly employees being “cut” before they can finish their daily responsibilities.  It’s then up to the salary-paid, exempt employees to pick up the slack.  When this happens, salary-paid employees can sometimes cross the line from properly-classified exempt workers to overtime-eligible by virtue of their primary focus becoming non-exempt, hourly duties.

In essence, if a salary-paid “manager” spends most of his or her time on non-management duties, just like other hourly-paid associates, they may become overtime pay eligible because their primary duties are no longer management.

If you believe you may be misclassified as a salary-paid employee and entitled to unpaid wages for your hours worked, contact Shavitz Law Group at (561) 447-8888 or visit us at www.shavitzlaw.com for a free, no obligation review of your circumstances and consultation regarding your rights. The longer you wait, the smaller your claim to back-pay may become because of the running of the statute of limitations.  One phone call can make all the difference.


Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY.  Lawyers licensed in states including FL, NY, NJ, and TX.  The choice of a lawyer is an important decision and should not be based on advertisements alone.

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