Exempt vs. Non-Exempt Issues and the Fair Labor Standards Act

Beverly Hills FLSA Attorney

The Fair Labor Standards Act (FLSA) and California overtime laws provides certain rights for nonexempt employees regarding hours worked and overtime pay, equal work for equal pay, and child labor protection. In general, work that requires advanced knowledge, creativity, or invention and imagination, is considered exempt from overtime requirements. Work that involves manufacturing or prescribed procedures is typically classified as "nonexempt."

Problems arise when employers improperly classify nonexempt workers as "exempt" or assign nonexempt tasks to exempt employees. In other cases, an employer may knowingly classify nonexempt employees as exempt in order to avoid paying overtime. At the Rubin Law Corporation, our attorneys work to hold employers liable for violations of California overtime laws and FLSA requirements.

If you believe you've been denied overtime pay due to a misclassification of your status, contact California overtime law and FLSA lawyers at the Rubin Law Corporation today. We have the experience and resources needed to represent employees in class-action lawsuits.

Determining Whether or Not You Have a Case

In today's economy, it's not uncommon for companies to lay off workers in order to meet earnings targets dictated by Wall Street analysts. In the process, exempt employees may be asked to perform non-exempt tasks laid-off workers had previously performed. Additionally, a job that once allowed for creativity and imagination may become highly structured and rigid. Here, an employer may have to reclassify employees. Our attorneys can review the specifics of a job and determine if there is a legitimate classification question that needs to be litigated under the terms of the FLSA or under California overtime laws.

Establishing FLSA Violations and California Overtime Law Violations

In preparing and building our client's case, our attorneys review job descriptions, internal company documents, job responsibilities, time sheets, and other information. We look at how companies calculate and monitor workload, revenue streams, and job responsibilities. If an employer has structured the workplace like a manufacturing environment, we press managers and executives to justify classifying employees as exempt under the conditions in which they function. Often, internal documents and project management tools will expose contradictory claims on the part of corporate officials and managers who try and defend how they've classified employees.

Contact California Overtime Law and Fair Labor Standards Act Attorneys at the Rubin Law Corporation

If you've been misclassified as an exempt employee, your employer is liable for any overtime you worked while misclassified. For more information on California overtime laws or FLSA issues and how we can help you, contact employment law attorneys at the Rubin Law Corporation today to schedule an appointment to discuss your case.