Employees have the right to receive overtime pay unless they fall under specific exemptions. However, many employers misclassify employees as exempt from overtime. Understanding how to prove misclassification is important for employees who believe they deserve overtime pay.
Exempt vs. non-exempt status
California law classifies employees as exempt or non-exempt based on job duties, salary, and the level of discretion an employee has in their role. Exempt employees typically hold executive, administrative, or professional positions and receive a salary rather than an hourly wage. Non-exempt employees qualify for overtime pay when they work more than 8 hours a day or 40 hours a week.
Gathering evidence of misclassification
To prove misclassification, employees should gather evidence related to their job duties and work hours. This includes job descriptions, performance evaluations, and any correspondence that outlines job responsibilities. Employees should track their work hours, noting any overtime they do. If their job duties do not align with the exempt classification, this evidence can help build their case.
Legal steps
First, employees who believe their employer misclassified them should talk to them. If the employer does not address the concern, the next step is to file a complaint with the California Labor Commissioner’s Office. The Labor Commissioner will investigate the claim and determine if the employee qualifies for overtime. Employees can seek legal advice from an employment attorney to better understand their rights and options.
Moving forward after misclassification
Proving misclassification can help recover unpaid overtime and other damages. When employees successfully prove their case, they secure fair compensation for their work and help prevent future misclassification.
