Meet Our Employee Misclassification Attorneys

The Fair Labor Standards Act is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments.

Under the FLSA:

• Most employees are entitled to time-and-a-half pay for any hours worked beyond 40 in a workweek.
• Some employees are classified as “exempt” from overtime laws, meaning they are not entitled to overtime pay.

The key legal question in misclassification cases is this: Has your employer properly classified you as exempt, or have they misclassified you to avoid paying you fairly?

Misclassification occurs when an employer improperly categorizes a worker as “exempt” from FLSA protections, even though their actual job duties or salary structure do not meet the legal criteria for an exemption.

The consequences for employees can be significant. If you’re misclassified:

• You may work over 40 hours per week without being paid overtime.
• You may miss out on tens of thousands of dollars in unpaid wages over time.
• You may face limited legal protections in case of wage disputes.

Under the FLSA, exemptions are based on job duties and salary thresholds. Common exemptions include:

Executive Exemption

Applies to employees whose primary duty is managing a business or department and who regularly supervise at least two full-time employees.

Administrative Exemption

Covers employees who perform non-manual work related to business operations and exercise independent judgment on significant matters.

Professional Exemption

Applies to employees whose work requires advanced knowledge, typically acquired through higher education, such as lawyers, doctors, and engineers.

Computer Employee Exemption

Applies to certain IT workers, including systems analysts and software engineers, provided they earn a set minimum salary or hourly wage and perform certain duties. General IT work is typically not considered exempt.

Outside Sales Exemption

Covers employees who customarily work away from the employer’s place of business and make sales or obtain contracts.

Are you actually an exempt employee, or are you owed more than they say? To legally classify an employee as exempt, employers must meet three primary requirements:

• Salary Basis Test: The employee must receive a predetermined and fixed salary, not based on hours worked.
• Salary Level Test: The salary must be at least $684 per week (equivalent to $35,568 annually) under federal law as of 2020. Some states may require higher thresholds.
• Duties Test: The employee’s actual job duties, not just their title, must primarily involve executive, administrative, or professional tasks as defined by the FLSA.
   

If these three prerequisites are not met, then you may have fallen victim to FLSA misclassification.

FLSA misclassification is often not accidental. Employers may intentionally misclassify employees to:

• Avoid paying overtime
• Save money on payroll taxes
• Prevent benefits eligibility

Common misclassification tactics include:

• Giving employees inflated job titles like “manager” or “supervisor” without assigning them managerial duties.
• Paying a flat salary without regard for hours worked.
• Mislabeling workers as independent contractors instead of employees.
• Assigning manual or routine tasks to workers classified under the administrative exemption.

Being misclassified as exempt can impact more than just your paycheck. Here’s what’s at stake:

• Lost Overtime Wages: You’re not compensated for working over 40 hours/week.
• Work-Life Balance: You may be pressured to work excessive hours.
• Job Stress and Burnout: Long hours without proper pay can lead to mental and physical exhaustion.
• Legal Vulnerability: Misclassified employees may lack certain labor protections.
   

Wondering if you’ve been misclassified under the FLSA? Here are some red flags:

• You work more than 40 hours per week without receiving overtime.
• Your employer calls you “exempt,” but your job feels routine or manual.
• You’re paid a salary, but your role lacks decision-making authority and managerial authority.
• Your title is “manager,” but you don’t supervise anyone.
• You’ve been disciplined or docked pay for hours not worked.
   

Any of these should be considered a red flag. If any of the above applies to you, contact Morgan & Morgan right away. It’s free and easy to speak with us, and you have nothing to lose—only potential lost wages to gain.

If you suspect misclassification, don’t wait to act. Here are the steps to take:

• Document Your Work: Keep a record of your actual duties, hours worked, and any communications regarding your classification or pay.
• Review Your Job Description: Compare it to your actual day-to-day responsibilities. Are they aligned?
• Talk to an Attorney: Misclassification cases are complex. A labor and employment attorney at Morgan & Morgan can evaluate your case, explain your rights, and help you take action. It’s free and easy to talk to our team.

If you’ve been misclassified, you may be eligible to recover:

• Unpaid overtime wages for hours worked beyond 40 per week
• Liquidated damages equal to the amount of unpaid wages (in many cases, double damages)
• Attorney’s fees and costs so you don’t pay out of pocket
• Interest on back pay

In some cases, employers may face civil penalties or collective actions (similar to class actions) if they misclassified many workers.

Employers may argue that your title or salary justifies exempt status. But under FLSA, it’s not about the title. It’s about what you actually do.

At Morgan & Morgan, we dig deep to expose the truth. We:

• Investigate your daily tasks and responsibilities
• Examine time records and payroll history
• Compare your role to FLSA exemption criteria
• Interview coworkers and supervisors
• Challenge your employer’s job classification system

The U.S. Department of Labor estimates that millions of workers are misclassified each year. Industries with especially high rates of misclassification include:

• Retail
• Healthcare
• Hospitality
• Finance & Banking
• Construction
• Tech & IT Services
• Logistics & Warehousing

Whether you work at a desk, on a construction site, or in a retail store, you deserve to be paid for every hour you work.

In addition to federal protections under the FLSA, many states have their own wage and hour laws, some with stricter standards.

For example, California sets a higher salary threshold and imposes severe penalties for wage theft.

New York requires specific duties tests and has broader definitions of employee rights, and Massachusetts allows treble damages for wage violations.

If you live in one of these states, you may be entitled to even more compensation. An attorney can advise you on your specific state's laws and your rights.

Yes, many salaried employees who work more than 40 hours a week are eligible to receive overtime under federal law. Companies sometimes tell their employees that, because they are paid on a salaried basis rather than hourly, they are not entitled to receive overtime. Such claims are simply not true. 

Unless your job duties fall into one of the narrow exemptions to federal overtime requirements, your company should be paying you overtime even if you are paid a salary.

Fighting wage theft isn’t easy, but we do it every day.

At Morgan & Morgan, we’ve recovered billions of dollars for workers just like you. Our employment law team has handled thousands of FLSA misclassification cases. We know the tricks employers use—and we know how to beat them.

With Morgan & Morgan, you get a free, no-obligation case evaluation, no fees unless we win, and the size and resources of America’s largest personal injury law firm.

We don’t just take cases. We take a stand.

If you’ve been misclassified as an exempt employee under the FLSA, you may be missing out on hard-earned pay, and your employer may be breaking the law.

At Morgan & Morgan, we believe in justice for workers. Our lawyers are here to evaluate your situation, explain your rights, and help you fight for the pay you’ve earned.

You work hard. You deserve to be paid fairly. If you suspect you've been misclassified, contact Morgan & Morgan today. Hiring one of our attorneys is easy, and you can get started in minutes with a free case evaluation.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

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Our fee is typically a percentage of the settlement or verdict amount, or a fee on top by statute, ensuring we are motivated to achieve the best possible outcome for you.