Author: David Lavi, Esq.
Date: July 19, 2024
Subject: I receive a salary from my employer. Am I misclassified and does my employer owe me wages?
When determining whether employees qualify for specific exemptions, it’s essential for an attorney to conduct an audit of the employee to determine whether there are violations of the employer. Here are the steps a qualified employment law attorney can follow:
- Identify Exemptions: First, the attorney must identify the relevant exemptions (such as the Fair Labor Standards Act (FLSA) exemptions) that apply to the employee. Common exemptions include the executive, administrative, professional, and computer professional exemptions.
- Duties Test: The attorney must also examine the employees’ job duties to ensure whether they meet the criteria outlined in the exemption. For example:
- Executive Exemption: Employees must primarily manage the business or a department, supervise other employees, and have authority over hiring, firing, and promotions.
- Administrative Exemption: Employees must perform office or non-manual work directly related to management policies or general business operations.
- Professional Exemption: Employees must have advanced knowledge in a field of science or learning, typically requiring a specialized degree.
- Computer Professional Exemption: Employees must engage in specific computer-related duties.
- Salary Test: Next, the attorney must review the salary requirements for each exemption. Some exemptions have a minimum salary threshold, and the attorney should ensure that the employees’ salaries meet or exceed this threshold before determining whether the employer has violated labor laws.
Misclassifying employees can lead to legal and financial consequences for the employer. If you have specific questions about exemptions or need further guidance, or believe that you have been misclassified, contact our firm at (213) 213-0000 for a consultation, and let us determine how we can assist you. At E&L, LLP, “Leave the Hard Work to Us.”
