My employer claims that I am a salaried employee. I am paid at a flat hourly rate for ALL the hours I work, whether I work 40 or 60 hours in a workweek. I am always scheduled to work at least 40 hours and I always work at least 40 hours.
My paycheck amounts fluctuate based exclusively on the number of hours I work. I am paid $12.00 an hour. When I work 40 hours, I'm paid $480.00. When I work 60 hours, I'm paid $720.00. Do I or don't I meet the requirements of the FLSA Salary Basis test?
Please assume that my actual job dutes fail to pass all of the job duties qualification tests for the executive and the administrative exemptions.
You may be a misclassified employee. If that's the case, you may be entitled to file a claim for underpaid wages. You should bring all your time records to a competent labor attorney and review the matter thoroughly. However, recognize that there is risk in bringing a case if you're wrong. Employers don't much appreciate these cases and if you don't win, you could end up looking for a different job without a fat wallet to cushion the loss of the job. Good luck!
Please be sure to mark the best answer to your question. My answers are general and do not form an attorney-client relationship. I'm happy to talk to prospective clients in my areas of concentration and geographical location.