Exempt Employee Misclassification Attorney

Recover Compensation for Unpaid Overtime

Non-exempt salaried employees are entitled to overtime pay, while “exempt” employees are not. Some companies choose to misclassify non-exempt workers as exempt to avoid having to pay overtime compensation. When someone is misclassified as exempt, they can be expected to work for unlimited hours – many of them unpaid.

Our nationwide salaried worker wage claim services offer comprehensive representation to misclassified exempt workers in this position. At Fair Labor Law, we dedicate ourselves to helping workers hold employers accountable and recover what they are owed. Our experienced exempt employee misclassification lawyer can assess your current situation and review your legal options, including seeking compensation for unpaid overtime. 


Schedule a free initial consultation to discuss your case with us. Call (888) 333-7147 or contact us online to get started.


Am I an “Exempt” Salaried Worker?

Determining whether you have been inappropriately classified as an “exempt” worker is unfortunately not always easy. The laws governing overtime pay exemptions are sometimes interpretive and can be challenging to decipher. 

If you make less than $35,568 annually or less than $684 per week, you are automatically considered “non-exempt” and are entitled to overtime pay. This threshold is adjusted every few years, and certain states with higher costs of living set the ceiling higher. Note that this limit also does not apply to physicians, teachers, attorneys, or outside salespersons. 

If you make more than $35,568 per week or more than $684 per week, whether you are considered exempt will depend on the nature of your work. Many types of salaried positions fall into this gray area. Under the federal Fair Labor Standards Act (FLSA), a salaried employee making more than $35,568 may be able to be classified as exempt if their work is administrative, executive-level, or “professional.” 




An administrative salaried worker may be exempt if they:

  • Primarily perform office-related responsibilities and not manual labor
  • Have decision-making authority 

An executive-level salaried worker may be exempt if they:

  • Can make hiring or termination decisions
  • Manage a team or department
  • Assign tasks and responsibilities to two or more full-time employees

A “professional” salaried worker may be exempt if they:

  • Complete work requiring advanced knowledge
  • Have an applicable advanced degree
  • Specialize in a teaching- or science-related field

Several other miscellaneous exemptions may apply to your situation, and each state has its own rules for determining exemption status. Our firm’s services include a thorough review of your current circumstances. Our exempt employee misclassification attorney can advise whether you have been appropriately classified. 

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Recovering Compensation When You Have Been Misclassified as an Exempt Salaried Employee

When you are misclassified as an exempt salaried employee, you are denied fair overtime pay. Federal rules define overtime as any time worked in excess of 40 hours in a single workweek. Overtime must be compensated at a rate of at least 1.5 times your base hourly rate. Individual states have their own overtime rules.

Consider how many hours you have put into your job. You want to excel in your position and meet company goals, but you deserve to be fairly compensated for your efforts. If you are regularly working 60-hour weeks as an exempt salaried employee, you are not being appropriately compensated for 20 of those hours each week. 

Our exempt employee misclassification lawyer at Fair Labor Law can help you pursue legal action if you discover you have been misclassified. Prevailing in a misclassification lawsuit can potentially entitle you to compensation for unpaid wages, interest, and other damages. Our team can provide you with the seasoned guidance you need to successfully navigate your claim. We are extensively familiar with how these cases are adjudicated and are committed to helping you secure the unpaid wages you are owed.


Contact us online or call (888) 333-7147 if you believe you may have been misclassified as an exempt employee. We offer our legal services in English and Spanish.


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