Misclassified as an Exempt or Nonexempt Employee?

You May Have a Legitimate Claim for Damage Compensation

Do you know whether your job role should be classified as exempt or nonexempt? What's the difference?

Exempt employees are paid salary to compensate for all hours worked each week, regardless of the quantity of hours or the time of day work hours take place. Exempt employees do not receive overtime pay. However, this does not mean that all salaried employees are exempt. Only salaried employees performing "executive," "professional" and "administrative" duties are exempt.

Nonexempt employees are paid an hourly wage and receive overtime pay either when they work more than 40 hours in one week or in accordance with other overtime rules for their industry.

Determining whether you should be classified as an exempt or nonexempt employee depends on the nature, duties and responsibilities of your role in addition to the level and form of compensation you receive from your employer.

An immense amount of technicalities exist in determining whether you have a meritorious claim of misclassification and FLSA violation. It pays to speak with a Houston-area attorney who has in-depth knowledge in these matters. Burwell Nebout Trial Lawyers can help you understand your legal options and pursue legal remedies in an efficient manner. We help workers in League City, Galveston and throughout Greater Houston.

Common Misconceptions About Exempt/Nonexempt Status

  • It is common for some employers to misclassify operational or production employees as exempt "administrative" employees. In reality, the only workers who can be classified as exempt administrative employees are those whose primary duties include office or nonmanual work directly related to management or general business operations.
  • Some employers classify all salaried employees as exempt, thinking this is true purely because employees receive a salary rather than an hourly wage. They are forgetting about the duties and responsibilities of their employees. If your job duties and responsibilities are closer to those of a nonexempt employee role, your position should be classified as "nonexempt" regardless of whether you receive a salary.
  • Applying the "professional exemption" of the FLSA to all college graduates is not within the bounds of the law. It is true that a four-year college degree is required to qualify under this exemption, but not all graduates perform work duties that require advanced technical knowledge that is predominantly intellectual in character, as is the requirement for exemption under the FLSA.
  • All computer professionals are not necessarily exempt even though many employers classify most computer professionals as exempt. If the professionals do not meet FLSA requirement tests regarding the nature of their work, duties of their job and compensation for their work, they may be nonexempt employees entitled to overtime pay. Generally, these professionals must be computer programmers, software engineers, systems analysts or other highly skilled workers involved in consulting, design, development, testing or creation of programs or systems to be deemed exempt under FLSA.

If you believe that you are the victim of employment status misclassification and an FLSA violation, please speak with one of our attorneys about your case today. It may be true that others working for your same employer have experienced similar violations, but have not reported them yet.

All conversations with our attorneys are confidential, and we will only pursue your case with your permission and in your best interests. Please call us today at (281) 645-5000 or email our team to start the conversation. All consultations are free, and we are always on your side.