Employee Misclassification

If you are putting in overtime hours every week and not getting paid for them, you have the right to question whether you are being treated fairly. It is possible that you have been misclassified as exempt by your employer. It is possible that you are entitled to back pay for overtime. Talk to an attorney today to find out if you have a claim.

At Miller Cohen, PLC, we have been representing employees in Detroit and throughout Michigan for decades. We know how overtime laws work and we know when they are being abused by employers. Contact our firm or call 313-964-4454 or 800-221-6021.

Which Employees Should Be Classified as Exempt

There are a number of positions that can be classified as exempt from overtime pay. Executives, managers, outside sales employees and other professionals may all be correctly classified as exempt. Unfortunately, many employers extend the reach of exempt classification too far.

For example, retail employers will frequently classify and title employees as managers, even though these employees have no supervisory duties and do not meet the legal definition of a manager. Other employees who are often subject to misclassification include IT and computer professionals, nurses and medical professionals, and on-call personnel.

If you fall into any of these categories or otherwise believe that you have not received the overtime pay you earned, our lawyers can help.

Independent Contractors and Overtime Pay

Many professionals are labeled as independent contractors by employers in order to avoid overtime pay, even though they work regular hours for the same employer and do not meet the legal definition of independent contractor.

Why Employers Misclassify Employees

While some employers may intentionally misclassify employees in order to cut costs and avoid paying overtime, others simply do not know what they are doing. Employee classification rules are complex. They are subject to change. It is possible that an employer simply was not aware that an employee should be classified as nonexempt and paid overtime. If the failure to pay was intentional, the employer must pay attorney fees and the employee is entitled to double overtime pay.

The reason behind the misclassification does not change the fact that a misclassified employee has the right to file a claim for unpaid overtime. Whatever the reason you have not been paid fairly, you can count on our lawyers to help you get the back pay you deserve. Contact our lawyers today for a free consultation about your employee misclassification case.