Does Misclassification as a Houston IT Professional Really Affect My Paycheck?

I recently discovered that my employer has incorrectly deemed me exempt from the Fair Labor Standards Act as a Houston computer programmer. In this tough economy, I am afraid that if I breach the subject with my boss, I will be fired, since I have only been here for six months. I only work an average of five hours of overtime each week, and am paid $25 per hour. Does the misclassification really affect my paycheck that much? 

Answer: First of all, the Houston fair wage attorneys in our office applaud you for discovering that you have been wrongly considered exempt in your position. The fact that you make $25 per hour should be a warning sign that you are not eligible for exemption, since exempted workers must make at least $27.63 per hour or $455 per week. 

Secondly, you have every right to bring up the error on your employer’s part without having to fear that you will lose your job. Asking your boss to comply with the Fair Labor Standards Act and the U.S. Department of Labor is never grounds for firing and could be considered wrongful termination. 

As for the misclassification affecting your Houston paycheck, you would be surprised to learn just how much money you are missing out on. In your case, for example, had it not been for your misclassification, you should have been earning time and a half your normal hourly rate for your hours worked over forty. That means that you have been missing out on an extra $12.50 per hour for five hours each week, or $62.50. Since there are 24 weeks in a 6-month period, that is a whopping $1,500 missing for over half a year’s work!

If this sounds like a problem you are facing, too, call Houston overtime attorney, Kennedy Hodges today at 888.449.2068. We will gladly answer any questions that you have – for free – during a completely confidential consultation.
Galvin B. Kennedy
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Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.