Sound consulting and legal advice to help clients achieve the best possible legal outcomes.
Attorney Arthur A. Elkins Jr. headshot

How to handle salary misclassification as a federal employee

On Behalf of | May 2, 2023 | Federal employment

As an employee, you expect a fair salary and benefits for your hard work. However, sometimes employers misclassify positions, and that can lead to a lower salary than you deserve.

Misclassification can occur in various ways, such as being labeled as an independent contractor when you are an employee or being labeled as exempt from overtime pay when you should receive it. This situation is often frustrating and stressful, but thankfully, there’s a solution to your problem.

Understand your rights

You have rights under the Fair Labor Standards Act (FLSA) as a federal employee. It’s a federal law that regulates job-related cases like overtime pay and minimum wage in the United States.

Suppose you are misclassified as an independent contractor or exempt from overtime pay; you may not be receiving the benefits you are entitled to under the FLSA. By familiarizing yourself with the FLSA, you can learn how to approach your situation.

Talk to your employer

You need to talk to your employer if you have been misclassified. Sometimes, misclassification can occur due to a misunderstanding or a mistake on the employer’s part. Document any conversations with your employer about the issue in case you need it for future legal references. 

File a complaint with the Department of Labor

If your employer doesn’t solve the issue,  you can file a complaint with the Department of Labor. The Department of Labor is mandated to enforce the FLSA, and they can investigate your employer to determine whether they are violating the law. If the Department of Labor discovers that your employer violates the law, they’ll require your employer to pay you back wages and other damages.

Even though salary misclassification can be a mind-blowing issue for anybody, there is a way to approach the issue and get results. With the right knowledge and resources, you can take action to protect your rights and recover any unpaid wages.