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Misclassification

The majority of employees are “non-exempt.”  That means that they must be paid the minimum wage and receive overtime.  However, certain occupations are considered “exempt” which means that they are excused from overtime requirements.  Many of the traditionally salaried occupations are exempt.  These include professional employees (e.g. lawyers, doctors, accountants), administrative employees (tax experts, financial consultants, and auditors), managers, interstate truck drivers, and certain salespeople.  If you do not fall within these categories that means you are likely non-exempt and must be paid overtime.  Many employers incorrectly classify employees as exempt, such as assistant managers, nurses aides, or secretaries and unlawfully fail to pay overtime for work performed in excess of forty hours in a week.  In addition many workers who are classified as independent contractors are actually employees and are also entitled to overtime.

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