Exempt or Non-Exempt
At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we focus on helping employees and unions understand their legal rights and obligations regarding employment issues, including wage and hour claims under federal law. The Fair Labor Standards Act (FLSA) sets standards for minimum wages, record keeping, and overtime pay. Our Chicago wage and hour lawyers advocate on behalf of employees who have been denied appropriate wages. Many workers in Illinois are “covered” by the FLSA. In the event of a potential violation of the law, our FLSA attorneys can provide legal representation and advocate on behalf of an employee or a class of employees.Understand Your Rights Under the Fair Labor Standards Act (FLSA)
The first step in analyzing a potential claim based on a violation of the FLSA is determining whether an employee is considered exempt or non-exempt. Workplace rights vary depending on whether an employee falls into one category or the other. These terms refer to employees who are covered by the law - “non-exempt” - and those who are not covered - “exempt.” Exempt employees are salaried and receive a monthly wage divided into pay periods. Non-exempt employees receive a salary determined by an hourly wage. However, certain employees who receive hourly wages are not eligible for overtime pay, and there are exceptions to these general classifications.
According to the Department of Labor, certain employees are exempt from minimum wage and overtime pay requirements. These include high-salaried positions, such as executive, professional, and administrative roles, as well as some skilled computer professionals. Professionals are employees who have specialized educational achievements. Managerial jobs are also exempt, meaning that they may not receive overtime pay. Typically, managers supervise other workers, but it is important for the purpose of determining FLSA protection to assess an employee’s actual job duties rather than relying on the position’s title.
Some Illinois employers may attempt to conceal the fact that an employee is nonexempt and therefore should be entitled to overtime. Additionally, employees may not be familiar with the law, especially considering that there are some non-traditional occupations that are exempt from both minimum wage and overtime pay requirements, such as casual babysitters, and others that are only exempt from overtime pay requirements, such as railroad and air carrier employees.Consult a Skilled Chicago Lawyer for a Wage and Hour Claim
Our employment attorneys take pride in representing workers as they assert claims for missed wages or overtime. We can explain how the complexities of certain laws apply to you so that you can understand your legal rights and obligations. Among other things, we can help you investigate whether you are exempt or non-exempt according to the Fair Labor Standards Act. Our Chicago wage and hour attorneys also help employees pursue claims under the FLSA in Aurora, Springfield, Champaign, Rockford, and Quincy, as well as other areas of Cook, Kane, Sangamon, Champaign, Winnebago, and Adams Counties. Call us at (800) 444-1525 or use our online form to set up a consultation.