Exempt vs. Non-exempt issues and the fair labor standards act

The Fair Labor Standards Act (FLSA) and California overtime laws provides certain rights for non-exempt 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 “non-exempt.”

Problems arise when employers improperly classify non-exempt workers as “exempt” or assign non-exempt tasks to exempt employees. In other cases, an employer may knowingly classify non-exempt employees as exempt in order to avoid paying overtime. At The Rubin Law Corporation, our Los Angeles overtime 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 the overtime law lawyers in Los Angeles at The Rubin Law Corporation today. We have the experience and resources needed to represent employees in class action lawsuits.

Determining whether you have a case

In today’s economy, it’s not uncommon for companies to lay off workers in order to meet earning 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 wage and hour 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 a Los Angeles overtime law attorney today

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 an overtime attorney at The Rubin Law Corporation today to schedule an appointment to discuss your case.