Are Certain Types of Jobs Excluded From Overtime Pay Lawsuits?

There is a pretty detailed list of the types of positions that are exempt from overtime. It includes truck drivers, professionals of any respect, and managers. There are additional requirements before any position can truly be qualified as being exempt under the FLSA.

What Counts As Actual Work Time In Overtime Pay Lawsuits?

When there is a dispute about work time, some of the topics that come up are job travel, on call time, rest and meal periods, meeting and training times, and off the clock work. Another category that often comes up is whether someone is actually on duty or off duty. What courts will typically look at is the time from the beginning of the workday until the end of the workday, and include all the time in between. Things that may classify an employee as being on duty will be things like whether they can leave. Can they use the time to do things for themselves? Some other factors are if they are still subject to directions of the employer and if they know how long the waiting time will last.

Situations where an employee might be considered to be off duty are if they can leave their workplace, they are free to use their time for personal purposes, they have sufficient time to take advantage of being relieved of all their work duties. It is certainly a grey area. The last category is whether they are aware of the specific time they must return to work.

Am I Protected From Retaliation If I Sue My Current Employer For Overtime?

If you are suing your current employer and you are concerned that they are going to terminate you or demote you, or they are going to cut your hours, or cut your pay, or do anything else that might have a negative impact, then there is a possible claim under the FLSA for retaliation.

For more information on Jobs Exempt From Overtime Pay Lawsuits, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 277-3066 today.