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Management Liability Toolkit

Misclassifying workers

Three ways employers misclassify workers – exempt employees, independent contractors and interns

Exempt Versus Nonexempt

The most common mistake is misclassifying an employee as “exempt” and, as a result, failing to pay overtime.  The basics of the topic are familiar: under the FLSA and some state laws, many employees (usually called “hourly” or “non-exempt” employees) must be paid time-and-a-half their regular rate of pay for any hours worked over 40 hours per workweek.  The law presumes …

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Disclaimer

The information provided in this resource does not constitute legal, medical or any other professional advice, nor does it establish a standard of care. This resource has been created as an aid to you in your practice. The ultimate decision on how to use the information provided rests solely with you, the PolicyOwner.