Albert Aguirre, an engineer hired by Scientel Wireless, is suing the employer to recover back wages for unpaid overtime, according to the Southeast Texas Record. The lawsuit that was recently filed in the Sherman Division of the Eastern District of Texas, Aguirre was considered an exempt employee  by the company and paid on a salary basis, but his primary job duties did not align with those listed by the Fair Labor Standards Act (FLSA) as requirements for the classification.

Rather than performing the design work he thought he was hired for, Aguirre alleges he spent most of his time performing manual labor, installing phone circuits in the field, the source adds. To qualify for an exemption as a professional employee, workers' job duties must primarily involved the application of their advanced knowledge in a particular field.

Since these were not the types of tasks Aguirre was responsible for, he claims he is owed wages for overtime, because he regularly worked more than 40 hours a week without receiving any extra pay, the media outlet adds. The FLSA ensures non-ecempt employees receive one-and-a-half times their regular payrate if their time and attendance goes into overtime.

If companies are uncertain about what the law requires, they can consider outsourcing human resources or investing in new payroll software that can accurately track employee attendance and calculate the correct wages. 

---

All data and information provided on this news blog is for informational purposes only. Infinisource makes no representations as to accuracy, completeness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. Information regarding employment suits and other legal action is not updated after publication, and may not be current.