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Hodges & Foty, LLP > Misclassified  > What Does It Mean to Be Misclassified as Exempt from Overtime?

What Does It Mean to Be Misclassified as Exempt from Overtime?

Legally reviewed by David W.Hodges and Don J. Foty

Federal law requires that most employees who work more than 40 hours a week receive overtime pay. This overtime rate is typically time-and-a-half pay. If you believe you may have been misclassified as exempt from overtime by your employer, it is important you contact a overtime lawyer who can ensure you understand what this means, how this affects your income, and what legal steps you should take.

Hodges & Foty, LLP is a Texas law firm with more than 40 years of combined experience and board-certified overtime attorneys . We are proud to represent workers across the state of Texas, especially those who have been misclassified as exempt from overtime pay. To learn more about what it means when you are misclassified as exempt from overtime, call our office at (713) 523-0001 or fill out our contact form here.

Why Are Employees Misclassified as Exempt From Overtime Pay in Texas?

As an employee, it is important that you are properly compensated for the work that you do. If you believe that you may have been underpaid for overtime work that you completed, this may be due to the fact that your employer has misclassified you as exempt from overtime pay. 

Misclassification of an employee can occur due to several different scenarios. One scenario occurs when an employer incorrectly identifies a worker as an independent contractor instead of as an employee. Under Texas law, an independent contractor is a worker who is contracted to perform work or provide a service for the benefit of another. However, they also function like their own boss in many ways. In most cases, the following will be true of an independent contractor:

  • They hire and manage their own employees if they have any.
  • They decide how they do their work, including their hours and how they pay any employees.
  • They bring their own tools and supplies to do the job.
  • They have the skills and knowledge needed for the specific task they were hired for.

Another reason an employee may be misclassified as exempt from overtime pay is so their employer can illegally withhold overtime pay that they are owed. If you believe you may have been misclassified either by mistake or intentionally, it is crucial you get the help of a Texas overtime lawyer as soon as possible. This is because when an employee is misclassified, they may be deprived of up to ⅓ of the wages they are entitled to receive when working overtime hours. 

Ensure You Are Properly Compensated After Being Misclassified in Texas

Understanding the complexities around what it means to be misclassified as exempt from overtime pay can require knowledgeable legal understanding and guidance. If you believe you have been misclassified and are owed unpaid wages as a result, one of the Texas overtime attorneys at Hodges & Foty, LLP can help. Our team is here to help you determine the amount of compensation you should be owed from your employer, and we will protect your rights every step of the way during the legal process.

Our firm offers personalized legal counsel specifically tailored to the intricacies of your case in Texas. We have successfully represented countless clients who have been denied their rightful overtime compensation. We also have plenty of trial experience in case we have to fight for your rights in court. To pursue the proper compensation for unpaid overtime, contact our dedicated team of overtime lawyers at (713) 523-0001 or through our online contact form.

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