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Is Your Classification of Employees Correct?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 28, 2026

Read Time: 3 mins

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.

Why Trust Us?

150+ Reviews

50+ Years of Service

Full-Service Law Firm

Client Reviews

    
 
 
      Posted on Google  
   LWelsh 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
     Posted on Google  
   Kenny Perlow 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
     Posted on Google  
   Aliza Ali 
 86 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
     Posted on Google  
   Jana Montero 
 89 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
     Posted on Google  
   Mike Sakmann 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
     Posted on Google  
   Liz Hecker 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
     Posted on Google  
   Brandy Miller 
 124 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
     Posted on Google  
   Mike Greenspan 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
     Posted on Google  
   Jonathan Sampson 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
     Posted on Google  
   Vinnie Kung 
 147 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Is Your Classification of Employees Correct?

Employment Lawyers Can Protect Your Business from Liability

Who Can I Classify as an Exempt Employee?

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

Need a Lawyer to Avoid Future Employer-Employee Disputes?

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey