The FLSA requires all employees to be classified as either exempt or non-exempt. A job title alone does not determine an employee’s exemption status. Instead classification mainly depends on the individual’s primary job duties and responsibilities. For example, non-exempt employees’ generally perform routine work with set standards and rules. The most common types of exemptions are white-collar exemptions for administrative, professional, computer, contractor, and outside sales employees.

Employers frequently incorrectly classify their employees in order to avoid paying them overtime. It only takes one employee or ex-employee to report worker misclassification in order to start an employment class action lawsuit.

Do you think that you have been imporperly classified as an exempt employee? Fill the out form to your right or contact one of our employment attorneys for a free and confidential consultation by calling (866) 981-4800.

• What is an employment class action?
• What is the minimum wage?
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• Should I be paid overtime?
• What is an overtime lawsuit?
• How do I start a collective action?

Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.