Employee Reclassification

As employers learn that their salaried employees have been misclassified as exempt from overtime pay, they are reclassifying workers from “exempt” to “non-exempt.” This means they are now eligible for overtime pay. Many companies with in-house IT or IS departments, as well as many other types of companies, are converting their employees department by department. Often these workers carry some of the longest hours of all, devoting nights, weekends, and long on-call periods to their jobs. Among those recently making conversions are IBM, Disney, Kaiser Foundation Hospitals, and Barclays Global Investors, as well as many others.

Employees who have been reclassified to overtime eligibility are generally entitled to back pay for the overtime hours they have worked, dating back four years under the applicable statute of limitations in California.

If your company has reclassified you from salaried exempt to hourly, commission, piece rate or other overtime eligible position, contact our employment lawyers about recovering the back pay you may be owed.