Montvale Overtime Pay Determination Attorneys
When determining whether an employee is exempt or nonexempt, employers must be careful to meet the requirements set by the Department of Labor, Fair Labor Standards Act (FLSA) and any New York or New Jersey state laws governing wage and overtime pay. Failure to do so may result in misclassification and a lawsuit.
At Kantrowitz, Goldhamer & Graifman, P.C., we represent employers and employees in overtime pay actions. Our attorneys have considerable experience with all wage and hour disputes as well as FLSA violations. We can analyze your situation and advise you on a course of action. If you file a suit, we can represent you in negotiations, hearings, arbitration or at trial. To arrange a consultation with one of our Rockland County employer classification of employees attorneys, please call 800-660-7843 or contact us online.
Exempt and Non-exempt Employee Classifications
The Department of Labor has tests that determine whether an employee is entitled to overtime pay. These tests include the specifics of the employee's duties and salary.
The duties test involves the type of work an employee does. The Department of Labor classifies exempt employees as those who perform high-level work requiring good judgment and discretion that may include:
- Work directly related to the management of the business
- Work directly related to the general business operations of the employer or clients
- Work that requires specialized academic training for a professional field
- Work in a recognized artistic or creative field
- Certain types of computer work
- Outside sales
The minimum weekly salary for an employee who meets the duties test for an exemption is $455. There are variations of how this salary must be paid depending on the type of exemption such as executive, administrative, professional or computer-related occupation.
Neither salary nor job duties alone are enough to classify an employee as exempt; both tests must be met. Our lawyers can help you understand the distinctions between exempt and nonexempt workers in any occupation. Please call 800-660-7843 to schedule an appointment. Messages left after business hours are returned promptly.
