Misclassified Employees Lawyers, Lawsuits & Compensation

Two offices in Queens, Brooklyn, Bronx, Manhattan & New Jersey

What is a Misclassified Employee?

Some employers misclassify their employees as exempt from the overtime laws and do not pay them one and one half times  theiir “regular rate of pay” for any hours worked over 40 during a week. Many times when this happens an employer will pay an employee a salary and inform them that they are exempt and therefore not entitled to receive overtime pay.

However, many times, employers are misclassifying employees who are, in fact, nonexempt employees and are therefore entitled to overtime pay. Just because you are paid a salary, rather than hourly, does not mean you are exempt from receiving overtime pay. You must be paid a certain minimum salary to be exempt and your duties must be of a certain type that makes you exempt.

For example, a store manager who is paid a salary and only stocks shelves is probably not exempt and can sue to recover overtime he or she was not paid when he worked more than 40 hours in a week. Just because you have a managerial title does not make you exempt and mean you are not entitled to overtime pay.

Call Us to Discuss Your Misclassified Employee Situation

The Law Offices of Louis Ginsberg, P.C. assists employees who have been unjustly denied the pay rightly owed to them under the law. Call 1-800-LOST-JOB (1-800-567-8562) or 1-877-4WAGESLAW (1-877-492-4375) to speak with an attorney.

We provide two convenient law offices which are in close proximity to Manhattan, Bronx County, Queens County, Brooklyn and New Jersey.

New York City Office
The Woolworth Building
233 Broadway, Suite 2220
New York, NY 10279
(212) 406-3630

Long Island Office
North Shore Location
1613 Northern Blvd.
Roslyn, NY 11576
(516) 625-0105