Am I Misclassified as Exempt?

Misclassification is one of the most common wage violations in the US. Employers sometimes label employees as exempt to avoid paying overtime. Here is how to tell if it has happened to you.

Red flags that you may be misclassified

!You earn a salary below $35,568 per year ($684/week) - federally required minimum for most exemptions
!Your job is primarily clerical, manual, or routine in nature with little independent judgment
!You are called a 'manager' or 'supervisor' but do not actually manage anyone
!You do not have authority to hire, fire, or significantly influence employment decisions
!Your decisions follow strict guidelines or scripts set by management
!You are in retail, food service, or hospitality and classified as a manager but spend most of your time on hourly tasks
!You regularly work 50+ hours a week without any additional compensation
!Colleagues with similar job functions at other companies are classified as non-exempt

What to do if you are misclassified

Document your actual job duties

Write down what you actually do day-to-day. Compare it to the FLSA exemption criteria. Keep a log of your hours for a few weeks.

Talk to HR first (optional)

Some misclassifications are genuine errors. You can ask HR to review your classification. This is lower risk than an official complaint if you want to preserve the relationship.

Consult an employment attorney

Most employment attorneys offer free initial consultations. They can quickly assess whether your situation is worth pursuing. Many work on contingency so you pay nothing unless you win.

File a complaint with the Department of Labor

The DOL's Wage and Hour Division investigates FLSA violations. You can file at dol.gov/agencies/whd. The DOL investigates confidentially and the employer cannot retaliate against you for filing.

Understand the statute of limitations

You can recover 2 years of back pay for non-willful violations, 3 years for willful violations. Back pay is calculated as the overtime you should have received minus what you were paid.

Important note

This page provides general information, not legal advice. Employment law varies by state - California, New York, and other states have their own overtime rules that may be more protective than federal law. Consult a licensed attorney for advice specific to your situation.