Overworked and Underpaid?

by | May 2, 2022 | Employment Law |

If you feel overworked and underpaid, you might have a legal claim against your employer. This is because of a federal law called the Fair Labor Standards Act (FLSA). Among other things, this law requires most employers to pay their employees overtime – that is, time and a half for any time they work over forty hours in a workweek.

A common misunderstanding is that employers can avoid paying overtime by paying a salary that stays the same regardless of how much the employee works. Often, the employer will also give the salaried employee a “manager” or similar title, even though the employee is primarily doing non-managerial work.

This is a mistake because only certain salaried employees are truly exempt from the FLSA’s overtime requirements. To be exempt, not only must the salary meet a statutory threshold, but a salaried employee’s primary duties must also be exempt. Exempt work includes certain administrative, executive, computer, outside sales, and professional jobs. If an employee’s primary duties are not exempt or if their salary does not meet the threshold, they must be paid time and a half for any overtime they work, regardless of their salary and any title they may have been given.

When an employer makes this mistake, they must pay the employee for the overtime. They can also be required to pay the employee liquidated damages equal to the amount of unpaid overtime, plus the employee’s attorney fees and court costs.

If you believe you are overworked and underpaid because you have not been paid the overtime you have earned, please call Tom Jacobson at 320-763-3141. There’s no charge for an initial consultation to determine if you have a case.

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