Is Your Classification of Employees Correct?

Employment Lawyers Can Protect Your Business from Liability

In recent years, the correct classification of employees has come under scrutiny from the federal government. Misclassifying your employees could result in a costly lawsuit, as misclassifications may constitute violations of labor laws regarding minimum wage and overtime pay. KGG employment attorneys have the knowledge and experience to prevent you from making potentially damaging mistakes.

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 all additional New York, New Jersey and federal laws governing labor and employment. These laws can be complex. In order to protect your business, let us advise you on how the law applies to you and your specific situation.

Who Can I Classify as an Exempt Employee?

The specifics of each employee’s job duties and wages are what determine whether they could be considered exempt or not. In the simplest terms, the Department of Labor defines exempt employees as those who perform high-level work, and who regularly exercise independent judgment and discretion on the job.

The type of work an employee does is also a factor in their correct classification. If an employee regularly does the following, they may qualify for an exempt status:

• 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

A minimum weekly salary exists for employees who meet the requirements for an exemption. 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.

Questions about Classification of Employees, Minimum Wage or Overtime Pay?

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we represent employers and employees in matters related to overtime pay as well as other labor and employment issues. 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 choose to file a suit, or if someone has filed suit against you, we can represent you with proficiency in negotiations, hearings, arbitration and in a courtroom.

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 non-exempt employees regardless of their occupation.

Need a Lawyer to Avoid Future Employer-Employee Disputes?

To arrange a consultation with one of our employment attorneys, please call (866) 971-0927 or contact us online. Messages left after business hours are returned promptly. If you require an evening appointment, we can accommodate you. We have offices in both Rockland County, NY and Bergen County, NJ.