·S5 E145
Were You Misclassified as an Exempt Employee in Florida? - BT Law Group, PLLC
Episode Description
From BT Law Group, PLLC - Were You Misclassified as an Exempt Employee in Florida? explores how workers in Miami, South Florida, and across Florida may lose thousands in overtime pay when employers improperly classify them as exempt under the Fair Labor Standards Act (FLSA). This episode explains the difference between exempt and non-exempt employees, why job titles alone do not determine overtime eligibility, and how federal law—including 29 U.S.C. § 207 and the Executive, Administrative, and Professional (EAP) exemptions under 29 C.F.R. Part 541—defines who is entitled to overtime wages.
Listeners will learn how the U.S. Department of Labor (DOL) and its Wage and Hour Division (WHD) enforce wage protections, including investigations through the Miami District Office. The discussion breaks down the legal requirements behind the salary test and duties test, and why employees who earn less than the required threshold or perform primarily non-managerial work may still qualify for overtime under federal law.
The episode also highlights how misclassification often appears in industries throughout Miami-Dade County, including hospitality, retail, construction, healthcare, and technology. Workers in neighborhoods like Brickell, Wynwood, Miami Beach, and Coral Gables may carry titles such as assistant manager or administrative coordinator but still perform duties that fall outside the exemptions described in 29 C.F.R. § 541.100, § 541.200, and § 541.300. Understanding how these regulations apply can help employees recognize when their rights under the FLSA may have been violated.
Finally, Jason D. Berkowitz and Anisley Tarragona of BT Law Group, PLLC discuss the potential remedies available to misclassified employees, including unpaid overtime, liquidated damages under 29 U.S.C. § 216(b), and the ability to pursue collective actions in the U.S. District Court for the Southern District of Florida, with appeals handled by the Eleventh Circuit Court of Appeals. With experience shaped by work involving Fortune 100 companies, appearances before the American Arbitration Association, and legal education from Tufts University, the University of Miami School of Law, and the University of Central Florida, the conversation provides insight into how workers can evaluate their situation and take steps to protect their rights.
BT Law Group, PLLC
3050 Biscayne Blvd STE 205, Miami, FL 33137
(305) 507-8506