Wage and hour laws are complex and difficult to understand. It can be easier to understand your rights based on the occupation that you hold. There are many occupations which are frequently misclassified as exempt (meaning the employer does not pay overtime) when in fact that occupation is really non-exempt (meaning overtime wages should be paid).
If you are in any of these jobs, CONTACT US, to learn your rights.
Pharmacuetical Reps:
This occupation has been classified as exempt by the industry for decades. Drug manufacturers have used the "outside sales" exemption.
Recently, courts have issued rulings entitling pharmacuetical representatives to overtime pay. These rulings refused to allow the "outside sales" exemption because pharmacuetical reps don't actually make sales.
No sale actually occurs during a doctor visit. Pharma Reps are entitled to be paid overtime wages and should act quickly to enforce their rights.
There are class actions around the country in which pharma reps are asserting their rights. You may be entitled to back wages for all of the hours you worked.
Pharmacuetical Rep
Underwriters:
Underwriters are frequently thought of as exempt employees because they work in an office and sit behind a desk.
Recently, the Second Circuit Court of Appeals ruled that Loan Underwriters are entitled to overtime pay because they are the "production workers" of the bank.
They produce the product of the company - loans. Other types of underwriters, including insurance underwriters, might be able to take advantage of this ruling.
Underwriter
Servers:
Waitresses and Waiters at chain restaurants are frequently asked to do non-service work for the lower service wage.
In Connecticut, non-service work such as cleaning, stocking, opening the restaurant, closing up, and other tasks not connected to service, must be paid at the full minimum wage.
If you are spending hours each week doing these non-service tasks, but were paid the lower server rate for your non-server duties, you could be entitled to back wages.
Waitress / Server
Retail Assistant Manager:
One of the most commonly misclassified occupations is Retail Assistant Manager.
Companies call them "executives" even though they spend most of their time processing shipments, stocking shelves and doing the same things that hourly associates do.
Many courts have ruled that these workers are entitled to overtime pay.
Retail Assistant Manager
The Hayber Law Firm, LLC, Employee Rights Advocates, 221 Main Street, Suite 502 Hartford, CT 06106
