WORKERS REPRESENTED NATIONWIDE
IN WAGES RECOVERED
CONSULTATION FEE
What Clients Say
Some of our clients from across the country share their experiences with us.
"Excellent law firm. We had some problems with the courts which was not their fault, but they worked through it and I got paid just like they said. They even let me come pick up my check in person instead of waiting on them to mail it. I would give them 10 stars if I could. I would most definitely recommend this law firm to anyone!! A+++++++"
"The entire staff has been great handling the case from start to finish. They have kept me notified of changes and announcements along the way. Would recommend using them if you find yourself needing legal guidance"
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The Two-Part Exemption Test
Under the FLSA, an employer cannot simply decide to classify a worker as exempt. There is a legal standard that must be met. It has two parts, and both are required. A worker who meets the salary threshold but does not perform exempt duties is still entitled to overtime. Likewise, a worker whose duties might otherwise qualify is still entitled to overtime if they earn below the salary threshold.
Part 1: The Salary Threshold Test
The first part of the test is based on pay. If an employee earns below the applicable salary threshold, they are entitled to overtime regardless of their job title, or duties. The federal threshold is set by the Department of Labor. Several states have established higher minimums that are higher than the federal, if you live in one of these states, the state number applies.
Verify which threshold applies in your state. These numbers are subject to regulatory and legal changes. Your employer should always apply whichever is higher to how you are paid.
| Jurisdiction | Weekly Threshold | Annual Equivalent |
|---|---|---|
| Federal (FLSA) | $684 | $35,568 |
| California | $1,280 | $66,560 |
| Washington State | $1,541.70 | $80,168 |
| New York City | $1,275 | $66,300 |
Part 2: The Duties Test
Just because you are paid more than the minimum salary, it does not mean you are automatically exempt. The law also requires that the worker's primary job duties fall within one of the 3 recognized categories: executive, administrative, or professional. Each category has its own requirements.
Read the descriptions below and think about your day-to-day at work. Not your job title, not your offer letter. What do you do at work and what tasks do you perform.
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Executive Exemption
To qualify, the employee must primarily manage the business or a recognized department of it, regularly direct the work of at least two full-time employees, and have genuine authority over hiring, firing, or promotion decisions. The ability to merely recommend personnel actions is not enough. A worker with a manager title who spends most of their time doing the same tasks as the employees they nominally oversee does not meet this standard.
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Administrative Exemption
To qualify, the employee must perform office or non-manual work directly related to the management or general business operations of the company, and their primary duty must involve the exercise of independent judgment on matters of significance. Employees who follow set procedures, execute assigned tasks, or carry out decisions made by others generally do not meet this standard, regardless of how their job is described in writing.
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Professional Exemption
To qualify, the employee must perform work requiring advanced knowledge in a recognized field of science or learning, typically acquired through a prolonged course of specialized study. This category covers roles like doctors, lawyers, engineers, licensed accountants, and scientists. A job that can be learned through on-the-job training rather than formal advanced education likely does not meet this standard.
Common Misclassification Patterns
Certain misclassification scenarios come up repeatedly in wage cases. If any of the following sounds familiar, it is worth having an attorney review your situation.
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A "Manager" Title with No Real Power
Just because your boss calls you a "manager" or "supervisor" doesn't mean they can skip paying you overtime. If you spend most of your day doing the exact same work as everyone else, and you cannot hire, fire, or discipline anyone, you are likely owed overtime. Your daily work matters—not the title on your badge. They are allowed to give you the title, they just can't skip paying you what you are owed.
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Switched to Hourly But Still Working Extra Hours
If your boss changes you from a salary to hourly pay, they must track every minute you work and pay you overtime for any time over 40 hours a week. Some companies make this change on paper but still expect you to keep the same schedule and work late for free. This is illegal, even if you agreed to it at the time.
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Good Pay Doesn't Mean No Overtime
Some companies think that if they pay a high enough salary, they don't have to pay you overtime. That is wrong. To deny you overtime, you must make a specific amount of money and your main job duties must be truly managerial or professional. If your day-to-day work doesn't fit the strict legal rules, you are still owed overtime.
What Workers Can Recover
The first step in any misclassification case is determining whether the worker was classified correctly under both the salary and duties tests. Josephson Dunlap reviews these cases at no cost. A case manager will go through your job duties, your compensation, and what the law requires in your state, then explain your options clearly.
Under the FLSA, workers who successfully recover unpaid overtime may also be entitled to an equal amount in liquidated damages. In cases of willful violations, workers may be able to reach back three years rather than the standard two.
Talk to a Misclassification Attorney Today
At Josephson Dunlap, we offer free and confidential consultations for workers who believe they may have been misclassified as exempt. We handle cases on a contingency fee basis, which means you pay no attorney fees unless we win a recovery for you.
If you have been working overtime hours without overtime pay, contact us. We will tell you clearly whether your classification holds up under the law.
Call (888) 992-2990 | Hablamos Español.
Frequently Asked Questions
Not necessarily. Many salaried workers are entitled to overtime under the FLSA. Whether you qualify depends on two things: how much you earn and what you actually do at work. If your salary falls below the applicable threshold, you are entitled to overtime regardless of your duties. If you earn above the threshold, your employer must still show that your job duties meet one of the three specific exemption categories. If neither test is satisfied, you are a non-exempt employee and overtime applies.
No. Federal law requires overtime pay at one and a half times your regular rate for any hour worked past 40 in a workweek. Paying a flat rate for all hours, including overtime hours, is a violation of the FLSA. The difference between what you received and what you should have received may be recoverable, and in some cases you may also be entitled to an equal amount in liquidated damages.
Any hour worked past 40 in a single workweek must be paid at one and a half times your regular rate. The workweek is a fixed seven-day period set by your employer. Hours do not carry over between workweeks, and a workweek cannot be shifted from period to period in order to avoid paying overtime.
No. The FLSA prohibits employers from retaliating against workers for asserting their rights under the law. That includes asking questions, consulting an attorney, or filing a complaint. If your employer disciplines, demotes, or terminates you for taking any of those steps, the retaliation itself may give rise to an additional legal claim.
Under the FLSA, the general statute of limitations for unpaid wage claims is two years. If the violation was willful, meaning your employer knew it was violating the law or acted with reckless disregard for whether it was, the lookback period extends to three years. Because the clock continues running, contacting an attorney sooner rather than later can preserve a larger portion of your potential recovery.
How Our Wage Recovery Process Works
Start your free, no-risk case review in about 10 minutes.
Submit Your Secure Form
Tell us about your missing pay through our confidential online form. We will review your details and follow up within 24 hours. Need answers right away? Call (888) 992-2990.
Get Your Free Consultation
A case manager will spend about 10 minutes reviewing your situation, looking for qualifying violations like unpaid overtime, off-the-clock work, or regular rate errors. Clear advice, no obligation.
We Build Your Case
If you have a valid claim, we get to work right away. Our team handles the paperwork, gathers the evidence, and builds a legal strategy suited to your situation.
We Recover Your Wages
Once we have the facts, our legal team pursues the full amount you are owed. You receive updates throughout the process and pay nothing out of pocket. Attorney fees are collected only if we win.
Find Out If Your Employer Owes You Overtime
Fill out the form below to find out if you could be owed. A member of our legal team will follow up with you within 24 hours.
Call (888) 992-2990 | Hablamos Español.