If an employee is "salaried" is he or she therefore always exempt from any requirement for overtime pay? This issue comes up time and again.

A common violation of overtime pay laws is misclassifying an employee as exempt from overtime.  Misclassifying often occurs because an employee is "salaried." But just being salaried does not mean that an employee is exempt from overtime; their job duties also have to fall within one of the categories that is exempt from overtime. Examples of this kind of misclassification is managerial employees who have been wrongly misclassified as exempt that have led to suits for unpaid overtime as previously discussed, Rite-Aid Store Managers Settle Overtime Suit for $20.9 MillionMisclassification of Managers as Exempt Is Basis for Overtime Suit Against AT & TStore Managers at Harbor Freight Sue for Unpaid OvertimeAssistant Managers Sue Dollar Tree for Overtime & Minimum WagesClaiming They Were Misclassified Managers Sue for Overtime and Assistant Managers Sue Home Depot for Overtime.

Another example is simply failing or refusing to pay overtime when it is earned and owed. Both misclassification and this kind of failure were apparently present in an overtime lawsuit settled recently by a Utah tree company reported by the Salt Lake Tribune, Salt Lake Tree Company Settles Suit for Unpaid Overtime

Lexington overtime lawyer Robert Abell represents individuals and employees seeking to recover the wages and overtime they've earned but not been paid; contact him at 859-254-7076. 

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