Accounting Clerks and Bookkeepers May be Entitled to Overtime Pay
Are you working long weeks punching in numbers but not getting paid overtime? Don’t have a CPA? You may be owed back pay for your hard work. Call our office for a free consultation today.
When employees go to work each day, they expect to be treated fairly and to be paid for the hours they work. However, some employers misclassify their employees as being exempt from overtime and this violates their rights under the Fair Labor Standards Act. This is a regular occurrence for bookkeepers, accounting clerks and payroll staff. If you or someone you with feels that you were unjustly misclassified as being exempt from overtime pay and were not paid what you deserve, then you should speak to a Tennessee employment and overtime pay lawyer as soon as possible.Am I Eligible for Overtime Pay if I am an accountant clerk, payroll staff or bookkeeper?
Many accountants, bookkeepers and even auditors may think they are not entitled to overtime pay because they are thought to be “white collar” employees. According to the Fair Labor Standards Act, the job title that you have does not mean that you are automatically exempt from overtime pay. If an accountant or bookkeeper has a CPA, they may be classified as a professional or in an administrative role and they would be exempt from overtime pay. However, if you do not have a CPA license then you may not be exempt from overtime pay.
In order to be exempt from overtime pay requirements, you must be able to have power and authority that you can use to make decisions in important work matters. If you do not have a position of authority or power and your job duties are mainly mechanical or repetitive and you must follow a certain set of rules and guidelines, then you are more than likely eligible to be paid overtime. The Fair Labor Standards Act is about what you do as your job not so much about your job title. If you check factors, enter data into a computer or sell products as part of your accounting or bookkeeping job, then you are likely entitled to overtime pay or time and a half for any hours over forty in one work week.What kinds of jobs can be considered administrative or professional and are exempt from overtime pay?
An employer may give you the job title of a professional, management or administrator but in order to not qualify for overtime pay your job duties must include the following conditions:
- The worker must be paid a salary of at least four hundred and fifty-five dollars a week
- The worker’s job description and duties must not include manual labor or office work
- The worker must have a position of power and be able to make decisions about important business matters on their own
If you are considered a “white collar” employee by your employer or business organization but you do general tasks, manual labor, or office work as part of your job on a daily basis, then you are required by law to be paid overtime pay for any hours you work over forty in a single week. Unfortunately, all too often businesses try to get away with misclassifying their employees so that they do not have to pay them overtime. If you feel that this has happened to you, then your overtime pay rights under the Fair Labor Standards Act have been violated and you should contact one of our experienced and compassionate employment and overtime pay attorneys at the Higgins Firm. We will answer any questions you may have and fight to make sure your rights are upheld and you receive the compensation that you are eligible for.
Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.