Salaried Employee Attorney
Make sure your job is classified correctly
Some employers mistakenly classify certain salaried employees as exempt from minimum wage and overtime benefits. Providing employees a salary does not necessarily mean the employer has no obligation to pay the employees overtime benefits. This might not seem that important. But the reality of being classified as a salaried employee instead of as an hourly worker can have significant financial consequences. That’s why it’s important for employees misclassified as salaried workers to talk to a lawyer as soon as possible.
Our Ohio wage and hour claim attorneys at Gibson Law, LLC can help you every step of the way. We thoroughly understand the difference between hourly workers and salaried employees exempt from minimum wage and overtime benefits. We’re familiar with the state and federal laws governing such cases. As your lawyer, we can investigate your claim and build the strongest possible legal case on your behalf.
We know what to do because our lawyers have handled wage and hour claims for employers and employees. We know how businesses and their legal team think. That’s why we’re able to successfully develop strategies that deliver results. You can count on us when it matters most.
What is a salaried employee?
State and federal labor laws have strict definitions for who can be classified as a salaried employee exempt from minimum wage and overtime benefits. For someone to be classified this way, their job must meet one of these requirements, including:
- The employee must have decision-making authority and spend the majority of their job performing managerial-related tasks.
- The employee must be a professional, including a doctor, lawyer, professor or engineer.
- The employee must be a sales professional that meets with clients outside the office.
Other types of employees can be classified as salaried employees in certain circumstances. But employers often make mistakes and classify employees who should be hourly workers as salaried employees. If you believe your company has made a mistake, seek legal advice from a lawyer well-versed in wage and hour laws in your state.
Why does it matter if I’m classified as a salaried employee?
Being misclassified as a salaried employee might not seem significant. But when such mistakes are made, misclassified employees may miss out on many important benefits, including:
- Salaried employees must be paid a minimum amount each week regardless of how many hours they work each week.
- Salaried employees are not eligible for overtime.
- Salaried employees can be asked to work additional hours for no additional pay.
It’s also important to note that salaried employees must be paid a minimum amount to be classified in this way. Under the Ohio Minimum Fair Wage Standards Act, salaried employees must be paid a guaranteed minimum salary each week to be exempt. The current minimum amount is $684 per week or $35,568 per year. If you are paid less than that amount each week, you are not a salaried employee and you are eligible for overtime and other benefits.
What should I do if I’m misclassified as a salaried employee?
If you believe you have been mistakenly misclassified as a salaried employee, it’s important to understand your rights and your legal options. Some of the things you should do include:
- Keep all written documentation related to your job being classified as a salaried employee.
- Tell your employer you think you have been misclassified as a salaried employee.
- File a complaint with Ohio’s Bureau of Wage & Hour Administration.
- File a lawsuit against your company for damages (financial compensation) for misclassifying you as a salaried employee.
Whatever approach you decide to take, make sure you have an experienced attorney assisting with your case. Many employers deny doing anything wrong and hire a lawyer (or lawyers) to defend their actions.
It’s also important to note that you only have a limited amount of time to take legal action in such cases in Ohio. If you miss that deadline, you could miss out on your opportunity for being compensated.
Learn more about your legal options. Contact us
The stakes are high when it comes to cases involving hourly workers mistakenly classified as salaried employees. Your company may owe you thousands of dollars for unpaid overtime and other expenses. That’s why it’s critical that you take legal action right away.
Talk to the law firm Ohio workers trust. Contact us and schedule a consultation with a member of our legal team. We have offices in Cincinnati and Dayton.