NON-EXEMPT EMPLOYMENT

While many American workers have heard the terms “exempt” and “nonexempt,” their meanings are often misunderstood. But understanding the distinction can mean a significant difference in the amount of money you are paid.

You owe it to yourself and your family to make sure you are receiving all of the pay to which you are entitled. If you have questions or concerns about the way your Virginia employer pays you, contact the knowledgeable employment law attorneys at Marks & Harrison. We can be reached toll free at 1-800-283-2202 or you can submit a Case Evaluation online . We have offices conveniently located throughout Virginia, including in Richmond, Hopewell, Petersburg, Charlottesville, Tappahannock, Louisa and Staunton.

“Exemption” refers to how a job is classified under the Fair Labor Standards Act (FLSA). Considering a position’s status as either exempt or nonexempt is important when looking for employment or discussing what kind of pay you will receive. Simply put, nonexempt employees are entitled to overtime pay. Exempt employees are not.

The FLSA applies to employees of certain industries or enterprises, including federal, state or local government agencies, hospitals, children's schools and companies with annual of sales of $500,000 or more. Employees outside of those industries may also be covered in jobs related to interstate or foreign commerce.

Traditionally, employees who are paid a fixed salary are considered exempt, while those who are paid an hourly wage are considered nonexempt. Employees who are paid less than $23,600 ($455 per week) are nonexempt, regardless of how they are paid.

If your job is covered by FLSA laws and classified as nonexempt, these rules apply to your pay:

• You must be paid at least the federal minimum wage;
• You must be paid overtime pay if you work more than 40 hours a week.
• You must be paid at least one and one-half times your base pay for any overtime work.

An employer may have a financial incentive to not pay overtime, and it is not uncommon for positions to be restructured or renamed in an attempt to save money. It is important to note, however, that merely changing a job’s title or pay structure is insufficient to change whether a job is treated as exempt or nonexempt.

An employer who attempts to deny you overtime pay by mislabeling your job as exempt may be in serious violation of the law and subject to fines as well as payment of lost wages.

If you think your employer has violated the Fair Labor Standards Act, you should talk with an attorney as soon as possible. Employees who have not been paid according to the law are entitled to back pay for lost wages as well as other damages, including attorney's fees.

Protect your interests and contact the employment attorneys of Marks & Harrison. Our VA labor lawyers will review your case free of charge and help you determine the best course of action.

Contact us today by calling toll free at 1-800-283-2202.  Our phones are answered 24 hours a day, 7 days a week.  You can also submit a Case Evaluation online or send us an email at lawyers@marksandharrison.com.