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Bryant Whitten, LLP

Allegedly misclassified worker seeks unpaid overtime wages

The Fair Labor Standards Act ensures employees in California and elsewhere are protected so that they are paid properly for their hard work. When working more than 40 hours per week, non-exempt employees who are covered by FLSA must be paid at an overtime rate. Workers who believe that they are not being paid as the law requires are entitled to pursue a claim for unpaid wages.

A human resources administrator from another state claims that she was denied the overtime pay that she deserves. The name of her position changed to human resources generalist, but all of her job function remained unchanged. The woman was classified as an exempt employee, which she claims was incorrect. This transpired in late 2011 and she had the same job title until May 2015.

The woman asserts that an error was made and she was classified as exempt, but she was changed to non-exempt in Feb. 2015. During the three months before her job position title was changed, she was not paid overtime when she worked over 40 hours per week. She claims she was also not permitted to the track the number of hours that she worked and therefore was considered working off the clock.

The plaintiff filed a claim against her employer for failure to pay overtime. Because she was allegedly not given overtime pay, she had less money placed into her 410(k) plan, which meant that her employer also gave her a smaller contribution to match. She is asking a civil court to award her monetary damages, court costs and the lost overtime wages. California employees who believe that they were not paid properly for overtime and dd not have the issues satisfactorily resolved can turn to the court system to seek the money which they believe is owed.

Source: setexasrecord.com, "Human resources employee seeks overtime pay", Kasey Schefflin-Emrich, July 30, 2015

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