Why Your Job Duties Matter More Than Your Job Title

The U.S. Supreme Court recently made it easier for employers to defend against claims under the Fair Labor Standards Act (FLSA), ruling they only need to meet the “preponderance of the evidence” standard when claiming an exemption. This means an employer must only show that it’s more likely than not that an employee qualifies as exempt from overtime and minimum wage protections. While this decision clarifies the legal landscape for businesses, it underscores the importance of employees understanding how they are classified.

Misclassification isn’t just a technicality—it determines whether you receive overtime pay, minimum wage protections, and other benefits under federal law. Employers don’t get to decide whether you’re exempt based on preference or job title alone. Instead, your actual job duties dictate whether you should be classified as exempt or non-exempt.

Employers Carry the Burden—But That Doesn’t Mean They Get It Right

Under the FLSA, most employees are entitled to minimum wage and overtime pay unless they fall under a specific exemption. Common exemptions include executive, administrative, and professional exemptions, each with strict requirements. The recent Supreme Court ruling requires that employers only need to prove it’s more likely than not that an exemption applies. This lower burden of proof benefits businesses, making it crucial for employees to be proactive in understanding their classification.

Many employers misclassify workers, either intentionally or due to a lack of understanding of the law. Some common red flags include:

• Your job title sounds impressive, but your actual work doesn’t match. Just because your title includes “manager” or “administrator” doesn’t mean you meet the legal requirements for an exemption.
• You work long hours but don’t receive overtime. Exempt employees are not entitled to overtime, but non-exempt employees must be paid for extra hours worked beyond 40 per week.
• Your primary duties involve routine tasks, not independent decision-making. Exempt status often requires employees to exercise significant discretion and judgment.
• You are paid a salary, but that alone doesn’t mean you’re exempt. Exempt employees must meet both the salary threshold and specific job duty requirements.

If any of these situations apply to you, your employer may be misclassifying your role—and that could mean you’re missing out on wages you’re legally owed.

What To Do if You Think You’re Misclassified

If you suspect your employer has incorrectly classified you as exempt, take these steps:

1. Review Your Job Duties: Compare your day-to-day responsibilities with the criteria for FLSA exemptions. The Department of Labor (DOL) provides clear guidelines for determining exemption status.
2. Keep Detailed Records: Track your work hours, job responsibilities, and any instructions you receive from supervisors. Documentation can be critical if you need to challenge your classification.
3. Speak With Your Employer: In some cases, misclassification is an honest mistake. Bringing your concerns to HR may lead to a correction.
4. Consult a Lawyer: If your employer refuses to address the issue, speak with an employment attorney to help understand your rights and options.

Know Your Rights as an Employee

Misclassification isn’t just a paperwork issue—it directly affects your paycheck and financial well-being. Employers must follow the law, but you are your own best advocate for ensuring fair treatment. If you believe you’ve been misclassified, acting now can help you recover unpaid wages and protect your rights under the FLSA.

At Sommers Schwartz, we fight for workers who have been wrongfully denied their wages. If you suspect your employer is misclassifying you, contact us to discuss your options. You may be entitled to back pay and other compensation under federal law.