You work hard at your job, but if you are missing overtime because your employer misclassified you as an independent contractor or an exempt employee, then you may have a legal case to request fair and reasonable compensation for missed overtime pay. With the help of the Kansas City employee rights attorneys at Popham Law, we can help you file a misclassification of employees lawsuit and secure compensation.
Nevertheless, if you are missing overtime pay, then you might not want to rush to the first lawyer you can find claiming gross misclassification. Remember, the labor landscape is changing and it will continue to change, and today’s average employees are often responsible for health insurance, pension, and job security, among others. Additionally, right here in Missouri, there has been a large increase in part-time workers, workers classified as exempt from overtime pay, and workers misclassified as independent contractors.If you believe that you have been misclassified as either an independent contractor or an exempt employee, make sure to speak with the leading employment law attorneys in KC by calling Popham Law today at (844) 243-2288.
Types of Worker Misclassification in Missouri
Missouri law states that employees may work a maximum of 40 hours per week; after this 40 hours, employers must pay the employee no less than one-and-a-half times (or 150% of) the employee’s regular hourly pay (Mo. Rev. Stat. § 290.505). However, some employers try to skirt around this requirement by misclassifying employees as exempt or salaried, which includes a misclassification as an independent contractor.According to the federal Fair Labor Standards Act (FLSA), many legal actions regarding overtime in Kansas City are based on this misclassification, where the employee should properly be classified as an employee entitled to overtime compensation for hours worked in excess of the 40 hour work week.
Who is Exempt for Overtime Pay?
There are few exceptions to the overtime requirement in Missouri. Even if you are considered a salaried employee, such as a manager, you may still be entitled to overtime compensation. Some of the exceptions for the overtime requirements in Kansas City, according to the FSLA, include, but are not limited to:
- Employees in a bona fide executive, administrative, or professional capacity, including academic administrative personnel or teachers in primary and secondary schools
- Outside salespeople
- Employees working for an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center
- Employees working in the fishing industry
- Employees working in the agriculture industry
- Employees working for a publication with a circulation of less than four thousand
- Some switchboard operators
- Seamen on non-American vessels
- Some criminal investigators who are paid availability pay
- Some computer system analysts, programers, software engineers, or other similarly skilled workers
- Employees working as a border patrol agent
Of course, there are several nuances to these exemptions, and if you are an exempted employee, it’s essential to closely look at the FSLA law and determine whether or not you really do meet the requirements for exemption. Remember, job titles alone are not determinative of whether an employee is exempt, and it’s a common misconception to believe that you’re exempt from overtime just because you earn a salary.
Compensation for Unpaid Overtime
When you get up in the morning, go to the office, work overtime, and return home at night, all of the time spent at work for the benefit of the employer and its business is likely considered compensable work time. Therefore, if you’re working overtime, and you’re employer purposely deprives you of overtime pay, then that employer may be in violation of the FSLA statutes as well as Missouri law.So, how do you know if you are really exempt or nonexempt from overtime? By calling the Popham Law’s employment law attorneys in Kansas City, we’ll diligently go over your job duties and other job-related factors to determine whether or not you deserve overtime. If so, you and other employees (if part of a collective action) can file a suit arguing for recovery of overtime wages as well as an equal amount in liquid damages.Additionally, in instances where an employee has been deprived of legally mandated overtime pay, Missouri and federal law allows that employee to recover damages dating for a period of up to two years prior to the date that the lawsuit was filed. If the employer willfully deprived you of overtime pay, then you may be eligible for backpay from up to three years.
Call the Employee Rights Attorneys at KC’s Popham Law
You deserve full compensation for the work you’ve done, but if you believe that your employer is depriving you of overtime pay or has misclassified you as an exempt employee, such as an independent contractor, then you can recover the lost overtime pay by contacting the employment law attorneys at KC’s Popham Law. With years of experience helping individuals just like yourself, we have the in-court experience and legal know-how to give your case the diligence and vigor that it deserves.For a free consultation with the KC employment attorneys at Popham Law, contact our law office today at (844) 243-2288.
