The Grubb Law Group Fighting for Justice from
the Workplace to the Marketplace
Phone: 304-982-7755
Toll Free: 1-866-851-9292

How can you tell if you're being misclassified as a worker?

Workers are classified as either exempt or non-exempt employees under the Fair Labor Standards Act (FLSA). The majority of employees in West Virginia and elsewhere in this country are considered to be non-exempt employees. They're entitled to be paid minimum wages for the first 40 hours that they work. Workers should be paid overtime for any time put in beyond that. Sadly many employers intentionally misclassify workers. This results in employees not receiving the benefits that they deserve.

Federal laws require all exempt employees to get paid $455 or more per week unless they work in a few select roles such as outside sales or as computer professionals. Workers in these industries must be paid an amount that's higher than the minimum wage.

Individuals who work in professional, executive or administrative roles are considered exempt workers as well. If you're employed in one of these roles part- or full-time and you're being paid minimum wage, then you may have been misclassified.

Your employer isn't supposed to base your classification as an exempt or nonexempt employee on your job title. They're instead supposed to perform a salary and duties test to determine how your role should be classified. Certain roles that involve manual labor generally never should be classified as exempt roles. Individuals with college degrees aren't automatically considered exempt workers either.

Each state has set criteria in place for determining whether a worker qualifies as an exempt employee or not. These guidelines must be considered by employers in addition to federal ones when classifying their workers.

You can learn a lot about how you are classified by looking at your check stub. Exempt workers shouldn't notice any deductions in pay unless they missed one or greater full days from the job or they're out on unpaid leave under the Family and Medical Leave Act. Exempt workers may be docked pay if they miss work due to temporary military, witness or jury duty.

Employers may also reduce how much their exempt employee gets paid if they violate safety rules, are put on administrative leave or they resigned their position mid-week.

Workers who are misclassified risk being underpaid and being denied benefits that they were potentially entitled to. An employment law attorney in Charleston can advise you of your right to file a claim for back wages if you've been misclassified on the job here in West Virginia.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Learn How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Grubb Law Group

The Grubb Law Group
1114 Kanawha Boulevard East
Charleston, WV 25301

Toll Free: 866-851-9292
Phone: 304-982-7755
Fax: 304-345-3355
Map & Directions