Employees may experience misclassification in regard to overtime pay. It’s important to understand how misclassification happens in order to protect yourself. If you believe this has happened to you, there are several ways to prove your case. Proper classification is essential to ensure workers receive fair compensation for their overtime hours.
Understand the job duties test
One of the primary criteria for exemption from overtime pay is the job duties test. Employees can gather evidence that their job duties do not match the criteria for exempt positions. Exempt positions include:
- Executive
- Administrative
- Professional roles
Comparing your job responsibilities to those defined by the Fair Labor Standards Act (FLSA) can help prove misclassification.
Track hours worked
Keeping detailed records of your work hours is another way to prove misclassification. Documenting the hours worked each week can provide concrete evidence that you should receive overtime pay. Consider using a notebook, spreadsheet, or time-tracking app to log your hours accurately.
Collect job descriptions and performance reviews
Gather copies of your official job description and any performance reviews. These documents may show a discrepancy between your assigned duties and those required for exempt status if they state that your role involves routine tasks rather than exempt duties. Job descriptions can help support your claim.
Identify salary inconsistencies
Exempt employees must be paid a minimum salary threshold set by the FLSA. If your salary does not meet this threshold, misclassification can happen. Comparing your salary to the current federal or state minimum for exempt employees is a great way to help prove misclassification.
Seek testimonials
Obtain statements from coworkers or supervisors who can attest to your job duties and work hours. Testimonials from colleagues can provide extra support by confirming that your responsibilities and work patterns align more with non-exempt positions.
Knowing your options
In the workplace, misclassification can hurt an employee’s paycheck. Employees should know their rights when it comes to proving misclassification and getting the pay they deserve. By gathering this evidence, employees can build a solid case to ensure they receive fair compensation for their overtime work.