There Are Few Areas of the Law as Complex as Overtime Exemptions
The FLSA is the Fair Labor Standards Act, a federal statute established in 1938 that outlined a minimum wage, overtime pay and maximum hour amount for a workweek. Its standards apply to all employees unless the employer can claim an exemption for the employee’s coverage.
There are numerous complex FLSA exemptions. These FLSA exemptions include the following:
- Executive Employees
- Administrative Employees
- Professional Employees
- Employees in Computer-Related Occupations
- Outside Sales Employees
- Salary Basis Requirement and the Part-541 Exemptions
- Highly-Compensated Workers
- Administrative Duties Tests
Our Lawyers Will Determine Whether You have Been Misclassified
Often, however, companies intentionally misclassify an employee to rob that employee of earned wages and overtime. To determine whether an employee has been misclassified as exempt from the overtime laws, our attorneys will conduct extensive research and draw upon their extensive experience in handling overtime claims. In fact, our law firm commonly litigates overtime claims based on intentional misclassification, including large collective actions filed against large corporations, seeking unpaid overtime for numerous misclassified employees.
A Common Example of Improper Classification
There’s a near infinite amount of problems that occur when applying the FLSA. Tipping can be one problem area. Under the FLSA, an employer must pay its employee a minimum wage. See 29 U.S.C. § 206(a). That wage may include the employee’s tips. See id. § 203(m). That is, an employer may pay an employee a cash wage below the minimum wage, so long as the employer supplements the difference with the employee’s tips; this is known as an employer taking a “tip credit.” 29 U.S.C. § 203(m). If an employee receives tips pursuant to a tip pooling system, the tip pool may only include customarily tipped employees. Id. If an employee challenges the validity of a tip pool, the employer has the burden of proving it complies with the FLSA. Barcellona v. Tiffany English Pub, Inc., 597 F.2d 464, 467 (5th Cir. 1979) (holding that TGI Friday’s restaurant had the burden to prove a valid tip pool arrangement upon the questioning of the waiters who believed they were being denied the statutory minimum wage).
Contact Our Overtime Lawyers
If you believe you may have been improperly classified as exempt by a Florida employer, contact our lawyers today. We are prepared to help you, with no fees or costs.