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202-978-5333
The Spiggle Law Firm
202-978-5333

The Spiggle Law Firm

Virginia Employee Misclassification Lawyer

Attorney Advertising. The Spiggle Law Firm: Alexandria, Virginia (principal office, 3601 Eisenhower Ave, Suite 425) and Richmond, Virginia. Responsible attorney: Tom Spiggle, licensed in Virginia.

Published May 28, 2019

An employee who is misclassified by their employer could be underpaid and missing out on benefits. Employers may misclassify employees in order to withhold pay and benefits. If you believe your employer has misclassified you, reach out to our dedicated employment attorneys at Spiggle Law. A Virginia employee misclassification lawyer could help you determine whether you are actually exempt from the law's wage protections. Call us today to set up a consultation.

FLSA Entitlements

The Fair Labor Standards Act (FLSA) grants protections to qualifying employees that guarantee their right to minimum wage and overtime pay. Some workers are exempt from the FLSA's qualifications, but those who are misclassified by their employers risk losing wages. The FLSA mandates business owners to pay their employers at least the minimum wage — which is currently $7.25 per hour in Virginia — as well as overtime pay for working above 40 hours during a given week.

Exemptions

There are several differences between exempt and non-exempt employees. The former are paid on a salary basis and more than $455 per week and have certain job duties that qualify them for exemption. For example, an employee who is in charge of hiring, firing, managing work schedules, training, and supervising would most likely be exempt from FLSA protections. An employee's exemption status depends largely on the specific facts of their employment as well as the nature of the job that they do. There are multiple exemptions that are carved out of the FLSA such as executive exemption, administrative exemption, and professional exemption. Determining an employee’s exemption status involves evaluating how they are paid. For example, a dedicated legal representative could discern whether they are paid on an hourly basis or they are salaried, as well as examine the nature of their job duties. Other exempt positions include supervisors and those that require a great deal of education and high skill level. Fortunately, a skilled Virginia employee misclassification attorney can help you determine whether your employer is covered by the law and whether you are exempt from its protections.

Common Misconceptions About Employee Classifications

A worker who assumes that they are exempt under the FLSA based on their employer's word is operating under an unfortunately common misconception. Just because your boss classifies you as exempt does not mean that you actually are. It is a legitimately confusing question, so employers get it wrong sometimes. This assumption can lead a worker to lose out on the wages they have earned or deterred them from working as hard for inadequate pay. An employee misclassification lawyer in Virginia can help you evaluate your employer's determination for accuracy according to the FLSA's standards.

Call a Virginia Employee Misclassification Attorney Today

A compassionate attorney could help you determine whether your employer has misclassified you. Let a Virginia employee misclassification lawyer explain the law's applicability, its specific exemptions, and how they may affect your circumstances. You can also use our Case Assessment Calculator to explore your situation.

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