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Unpaid Wages

Fair Labor Standards Act – Wage and Hour

Employers are required to pay their non-exempt employees a minimum wage and overtime. The overtime rate for non-exempt employees is one and one-half times the regular rate of pay. The Fair Labor Standards Act (“FLSA”) requires overtime pay for hours worked in excess of forty within a workweek. In addition to the FLSA, several states have a wage and hour statute that requires overtime pay to non-exempt employees.

Understanding whether you are an exempt employee under the FLSA is complex and requires intricate knowledge of the statutory scheme. The attorneys at Johnson Becker can evaluate your current or former employment situation and determine whether you are owed unpaid overtime. If you do not fall within the broad “executive, administrative, or professional” employee exemption detailed below, you may have a claim for unpaid overtime.

Examples of exempt employees may include:

  • Executive Employees
    • Must be a salaried employee at a rate not less than $455 per week;
    • Primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
    • Must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
    • Must have the authority to hire or fire other employees.
  • Administrative Employees
    • Must be a salaried employee at a rate not less than $455 per week;
    • Primary duty must be the performance of office or non-manual work dilated to the management or general business operations of the employer or the employer’s customers; and
    • Primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
  • Professional Employees
    • Must be a salaried employee at a rate not less than $455 per week;
    • Primary duty must require advanced knowledge, predominantly intellectual in character which includes consistent exercise of discretion and judgment;
    • Advanced knowledge must be in a field of science or learning; and
    • Advance knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
  • Highly Compensated Employees
    • Must be paid $100,000 or more per year; and
    • Must customarily and regularly perform at least one of the duties of an exempt executive, administrative, or professional employee.

Whether your employer classifies you as an exempt employee, or simply fails to pay you for each and every hour you work, our Firm can sift through the various laws and regulations governing wage and hour violations to help you understand your rights. There is no charge for an initial consultation, and there are no fees until we succeed in obtaining the unpaid wages you may be owed.