Unpaid Overtime Engineer Lawsuit
Unlicensed Engineers Denied Overtime Pay Lawsuit, Lawyer
Unlicensed Engineers | Lawsuit, Lawyer | Denied Overtime Pay, Misclassified As Licensed Engineer, Violation of the FLSA, Unlicensed Professionals Now Are Challenging Overtime Exemptions
Unlicensed engineers are often denied overtime pay because their employers misclassify them as professional employees. However, unlicensed engineers, as distinct from professional engineers, will most likely be entitled to overtime as they do not meet the professional exemption set forth by the federal Fair Labor Standards Act (FLSA). Recently, unlicensed professionals have been challenging overtime exemptions in court, and have been awarded back pay and other damages.
If you are an unlicensed engineer who is not being paid overtime, you may be able to receive back pay and other damages by filing an unpaid overtime lawsuit against your employer. Lawyers at Parker Waichman LLP who specialized in employment law are currently offering free lawsuit consultations to any unlicensed engineer who may have been wrongfully denied overtime pay. If you would like to learn more about filing an unpaid overtime lawsuit, we urge you to call us today.
Unlicensed Engineers Unpaid Overtime Lawsuit
The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at least equal to time and one-half the regular rate of pay for all hours worked over 40 hours in a work week. Since 2004, employees who earn less than $23,660.00 per year are automatically entitled to overtime pay. Employees who make more than this and who are classified as professional or administrative are usually exempt from receiving overtime pay. However, making more than $23,660.00 doesn't automatically make an employee exempt.
An unlicensed engineer is an engineer without a State license, which generally required a degree from an accredited engineering program, 4 years of relevant work experience and successful completion of the State examination. Many companies that employee unlicensed engineers routinely classified them as professional employees. But since 2009, some court decisions have held that such employees are not exempt from overtime rules.
In order for the professional exemption to apply, an employee must perform work requiring advanced knowledge, defined as work that’s predominantly intellectual in character and requires consistent exercise of discretion and judgment. Job title carries little weight when it comes to determining which employees may be exempt from receiving overtime pay. If your job consists of duties that are mechanical, repetitive, and require you to follow pre-set rules and procedures, it's highly likely that you should be paid overtime.
If it is found that your employer has wrongly denied you overtime pay, you can be awarded very substantial damages. Under the FLSA's liquidated damages provision, wage differentials are almost always doubled to compensate the employee. Employees wrongfully denied overtime are also entitled to recover their reasonable attorney's fees and costs.
Legal Help for Engineers Denied Overtime Pay
If you are an unlicensed engineer who hasn't been paid overtime in violation of the FLSA, you may be able to file a lawsuit to recover back pay and other damages. To learn how we can help you, please contact one of our unpaid overtime lawyers by calling 1 800 LAW INFO (1-800-529-4636) today.
