Should nonexempt employees be paid for travel time?
Are you putting in extra hours day after day, but not being paid overtime because you are a manager or supervisor? Have you stopped to question whether this is fair?
Now is the time.
You may be one of the many salaried workers who has been misclassified by an employer. If this is the case, you may be entitled to compensation for unpaid overtime.
How To Determine If You Have Been Misclassified
One of the most common examples of misclassification is for an employer to classify an employee as a manager or supervisor and provide a salary, even though the employee is not doing any managing or supervising.
Under the Fair Labor Standards Act (FLSA), overtime pay is not based on your job title. It is based on your job duties. Are you “performing office or nonmanual work directly related to management or general business operations?” Do your primary duties involve “exercising discretion and independent judgment,” rather than simply following processes, procedures, and orders? If so, you do not qualify for overtime.
However, if you are not engaged in management and you do not play a role in business operations, you may have been misclassified. Whether or not you are called a manager or a supervisor makes no difference if you are not in a position that involves making decisions that impact the business on a daily basis. You may actually qualify for overtime.
Misclassification Can Happen In Any Job And Any Industry
All employees labeled as managers, supervisors, assistant managers or assistant supervisors should take the time to consider whether or not they are being unfairly denied overtime. This can happen in any job and any industry, including restaurants, retail, customer service, manufacturing and more.
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