Clients paid salary and denied overtime pay

Clients paid salary and denied overtime pay

Lear Werts represented a former Mitek employee – and a class of those similarly situated to him — in their claims against Mitek and its CEO/President, Loyd Ivey. The case was pending in the United States District Court for the Eastern District of Missouri. The judge assigned to the case was the Honorable Catherine D. Perry. The case has been resolved to the satisfaction of all parties.

The case was based on the Fair Labor Standards Act (FLSA) and sought compensation for unpaid overtime. The lawsuit alleged that employees were improperly paid a salary without overtime compensation in work weeks when so-called “exempt” work was not the employee’s primary duty. Specifically, the lawsuit alleged that the class members were required to perform non-exempt promotional work and/or manual labor and were not paid overtime for hours worked over 40 in a given week.

There is a somewhat common misconception that any employee who receives a set salary is not entitled to overtime pay. The test under the FLSA requires more than just a salary. An employee is only exempt from the overtime provisions if that employee’s work satisfies both the salary-basis and duties tests under the FLSA. The duties test is quite specific and employees are often misclassified and denied overtime pay they are owed under the law. If you believe you may have been misclassified as an exempt employee and wrongfully denied your overtime pay, please contact our office to visit with one of our wage and hour attorneys.