After clocking in at your job, you expect that you will receive fair pay for the number of hours that you were on the job. You likely trust that your employer will calculate the accurate amount of pay you should be receiving, and because of this trust, you may not even look too closely at your pay stubs. However, a closer look at your records may reveal that you have not been receiving the amount you should be. Underpayment of employees is illegal, and if you are a victim, you do not have to remain silent.
One of the main reasons why employees do not receive the full amount of pay they deserve is due to misclassification. Employees are generally classified as exempt or non-exempt based on their job description and other factors. If wrongly classified, you may not receive the exact amount of payment your employer owes you. It is in your interests to understand your job classification, your specific duties and your rights as an employee in Hawaii.
Are you exempt or non-exempt?
There are certain factors that will determine whether you are exempt or non-exempt. If you suspect that your employer is not paying you correctly, you will benefit from learning more about the differences between the two, which include:
- Exempt employees – In most cases, exempt employees are those who hold administrative and managerial positions. They most likely earn a salary versus an hourly wage, and they have higher-level positions with their employer.
- Non-exempt employees – Non-exempt employees are those who earn an hourly wage, and they are entitled to overtime pay if they work more than 40 hours per week. Non-exempt employees usually perform more manual or technical duties.
If you are a non-exempt employee but you are not receiving overtime pay for the extra hours you worked, it is possible that your employer has misclassified you. Incorrect pay should be addressed immediately, and you have the right to seek any additional pay to which you have a legal claim.
Protecting your employee rights
When employers violate the rights of those who work for them, victims do not have to remain silent. If you believe that your employer has improperly classified you and, as a result, you are not receiving the accurate amount of pay, you may benefit from seeking a professional opinion regarding your legal options. The civil justice system offers you an option by which you can seek fair payment and compensation.