Generally, if an employer knows or reasonably should know that covered employees
are working more than forty (40) hours per week, those employees should probablybe paid overtime.
After the 2004 amendments to FLSA, several employers mistakenly believed that if their employees were paid a “salary” instead of “by the hour” then the employee was“exempt;” and therefore, the employees were not entitled to overtime wages. Salary wages alone will not be enough to deny an employee from overtime compensation.
Consideration has to be given to the specific job duties performed by the employee and the amount of wages before denial of overtime wages is appropriate.
Employees who are not exempt under the FLSA are to be paid overtime-one and half times your hourly rate of pay for work in excess of 40 hours per work week. To prove that an employee is exempt, the employermust go beyond showing that the employee is compensated on a salaried basis. The employer must also show that the employee falls within one of the law's categories of "exempt" employees. The most common of which are executives, professionals, administrative employees, and outside salespersons exemptions.
Without getting into all of the elements necessary to fall within each of these categories, suffice it to say that not everyone you consider a "supervisor" is exempt as an "executive," not everyone from whom you expect professional-quality work is exempt as a "professional," and not everyone who performs administrative tasks is exempt as an "administrative employee." Misclassification of employees as exempt is both common and risky for an employer. You can recover up to three years of unpaid overtime, and that amount will be doubled unless the employer can prove that they acted in good faith and with a reasonable belief that they were not violating the FLSA.The employer will also have to pay the employee's court costs and attorneys' fees.
If your employer has violated the FLSA, you may receive the following: