Louisiana becomes the latest state to join forces with the U.S. Department of Labor’s Wage and Hour Division to crack down on employers who misclassify workers. Whether a worker is classified as exempt v. non-exempt, or as an independent contractor or employee, may have a large impact on an individual’s take home pay, as well as other employee protections and benefits.
Under the Fair Labor Standards Act (FLSA) employees who are not exempt must be paid overtime wages at a rate of one and one-half their regular rate of pay for all hours worked in excess of 40 hours in a workweek. However, if you are an independent contractor or are considered “exempt” your employer may not be required to pay overtime compensation.
If you are uncertain of your classification or believe your employer may have misclassified you – either mistakenly or intentionally – it is important to consult with a knowledgeable Atlanta wage and hour attorney immediately. You may be missing out on significant amounts back pay and overtime wages that you are entitled to.