Salaried but Owed Overtime? Exempt Misclassification

Paid a salary and labeled "exempt," but actual job duties don't meet the legal test for any overtime exemption.

What This Looks Like

• Titled "manager" and paid salary, but doing the same tasks as hourly staff with no real supervisory authority.
• A salaried "administrative" role with no real independent judgment or discretion.
• Given a supervisor title mainly to avoid paying overtime.

What Can Affect a Case Like This

What can affect a case like this includes how far your actual day-to-day duties diverge from the exemption your employer claims, how many overtime hours you worked while misclassified, and the applicable lookback period. This describes the factors an attorney looks at, not a predicted outcome.

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