The Consequences of Wrongful Classifications

December 28, 2020

As is the case with private sector employees, federal employees can be misclassified. This occurs more often in the federal sector than you would think, but takes a different and more complex form than in the private sector. Misclassification can have major ramifications for pay, benefits, and career advancement within the federal government.


A common misclassification occurs when salaried employees, particularly managers, administrators, and technical personnel, are incorrectly classified as exempt, and thus ineligible forever time or are not compensated appropriately for overtime hours worked. Another common misclassification occurs someone is incorrectly classified under the General Schedule (GS) or Federal Wage System (FWS) scale or when a federal employee’s grade and step do not match the employee’s actual job duties and performance.


To rectify misclassification there are legal remedies that can be obtained through your specific agency or by the Office of Personnel Management (“OPM”). Clerical errors can be corrected administratively through your agency’s Human Resources department. Many classification disputes are resolved by a “desk audit” within your agency. If a desk audit is not favorable, then you can file for a Classification Appeal through OPM.


The federal employee attorneys at Melville Johnson, P.C. are highly experienced in federal sector employment matters such as these, and are willing and able to assist you in your federal employment legal matters. Give us a call today at 404-724-0000.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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