Unless you were hired as an independent contractor, you may have been told that you would be a salaried employee—or perhaps your employer used the term exempt. This week, you learned that your job had been reclassified as nonexempt. How does this affect you?

First of all, what determines whether you are an exempt or nonexempt employee in Kentucky? 

For most employees, these are the determining factors:

  • How much you are paid;
  • How you are paid; and
  • What type of work you do.

What Is an Exempt Employee?

Exempt employees perform duties that generally fall into one of these three categories: “executive,” “professional,” or “administrative.” An exempt employee also usually:

  • Is paid $23,600 or more per year;
  • Is paid on a salaried basis; and
  • Performs exempt job duties.

Most employees whose jobs are governed by the Fair Labor Standards Act (FLSA) are nonexempt and are entitled to be paid time and a half (1½ times their hourly pay rate) for time worked in excess of 40 hours in a one-week period.

Do you meet the criteria for an exempt or a nonexempt employee? If you have been working more than 40 hours a week at your job and not been paid for overtime because you were erroneously classified as exempt, you may be entitled to back pay. Call the Louisville class action litigation lawyers at Gray and White Law toll free at 888-450-4456 or locally at 502-210-8942. We’ll find out if anyone else in your company is in the same situation, and we’ll design a tough class action lawsuit to put things right and recover any back pay you are owed.

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