Some jobs are more stressful than others. Much more. But at least the pay is good, right?
Not necessarily. Many jobs that are exceptionally stressful not only don’t pay well, but to add insult to injury, don’t even pay overtime because the employers misclassify the employees.
This could be affecting you.
Under the Fair Labor Standards Act (FLSA), employees that are considered “non-exempt” are entitled to overtime pay for any work above 40 hours per week. Employees who are “exempt” are paid on a salary basis, and do not receive overtime benefits.
Traditionally, exempt employees are in executive or administrative roles, while non-exempt employees are in production roles. However, some employers have declared certain employees to be exempt when they shouldn’t be.
There are certain standards that must be met for a role to be exempt, and they have nothing to do with how fancy the title sounds.
Exempt status is determined by how much the job tasks and responsibilities contribute to the overall operation of the organization. If you have people reporting to you, or you have responsibility for hiring and firing, discipline, or scheduling of other employees, those are typical of exempt status.
Non-exempt employees’ tasks are much different, legally. They typically have to follow strict guidelines in how they perform their job tasks, and don’t have the authority to think and work independently to achieve the desired results.
It’s not up to your employer to determine if you’re exempt. There are standards which must be met in order for you to be considered exempt.
If your job duties are characteristic of non-exempt positions, but you’re considered exempt (paid a salary with no overtime), you may not be getting benefits to which you are entitled.
If you think that’s the case, consult with an employment attorney who specializes in wage and hour cases.