New York Unpaid Overtime Lawyer

Exempt vs. Nonexempt Employees

The Fair Labor Standards Act (FLSA) and New York wage and hour laws protect employees and ensure they are paid proper wages and overtime. Employers, in their quest to maximize profits and cut expenses, can either intentionally or inadvertently misclassify a nonexempt employee as exempt. An "exempt" employee is someone who is not covered by FLSA and not entitled to overtime pay; a “nonexempt” employee is covered by FLSA and is entitled to overtime pay for overtime hours worked.

Exempt vs. Nonexempt Employees

Many employers mistakenly believe they can create an exemption for an employee by paying that employee a salary (see Hourly vs. Salaried and 1099 Employees) and giving them an exempt job title, such as "manager" or "supervisor."

Job duties and salary amounts can help determine if you are properly classified as an exempt or nonexempt employee.

The determination of whether you are an exempt or nonexempt employee is handled on a case-by-case basis. This means there are no published lists of jobs and exceptions; however, an experienced FLSA lawyer can examine past cases and will have a good understanding of the likelihood of whether you are properly classified as an exempt or nonexempt employee.

Some Common Examples of Exempt (vs. Nonexempt) Employees

If you have been inappropriately classified as an exempt rather than nonexempt employee, you may be entitled to years of back pay, at overtime wages.

The type of work you perform, rather than your job title, determines whether you are an exempt employee under FLSA. Exempt employees include:

• Employees whose job duties are directly related to management of the business, e.g., managers, directors and other executives who are empowered to make leadership decisions and supervise two or more people
• Employees whose job duties are directly related to the general administration of the business, who perform nonmanual office work, and who exercise discretion and judgment in matters of significant importance, e.g., administrators, accountants and human resources personnel
• Professionals who have special academic training that they utilize in their jobs, e.g., lawyers, dentists, architects and doctors
• Computer specialists such as network administrators and Internet and database administrators
• Salespeople who work in the field and away from the employer's main place of business
• People in a recognized creative or artistic field

Often, part of your job may include some of these exempted job functions, or your title may reflect one of these exemptions although your job duties do not. If you believe you have been inappropriately classified by your employer as exempt in order to avoid paying you overtime wages, then you should consult an experienced wage and hour law lawyer.

At Leeds Morelli & Brown, PC, our lawyers have extensive experience in handling employment disputes. Such disputes consist of overtime claims and wage and hour law violations, including violations resulting from improper classification of employees as salaried, exempt employees. Our wage and hour law and overtime violations representation extends to clients throughout Long Island and elsewhere in the New York City metropolitan area, as well as across the country.

We would be happy to discuss your claim in confidence, and provide free consultations to answer your questions and evaluate your claim. Contact us today to discover how we can help you.

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