Employee Misclassification


Your employee classification – whether you are exempt, non-exempt, or considered an independent contractor – affects what rights and benefits you are entitled to under the law. Employee misclassifications are a serious and prevalent problem throughout California. Whether employers intentionally or mistakenly misclassify employees, those employees may be entitled to back-wages and other benefits under the law.

Our employment attorneys regularly represent misclassified workers in order to get them the proper compensation and rights that they deserve.

Misclassifying employees as exempt
The Federal Labor Standards Act (FLSA) requires that non-exempt employees in the U.S. be paid at least the federal minimum wage, and overtime pay for all hours worked over 40 hours in a given week. However, certain employees are exempt from these requirements.

Exempt employees are typically employed as executive, professional, administrative, and outside sales employees. However, job titles do not determine exempt status. To be considered exempt, employees must meet certain tests regarding their job duties under both federal and California labor laws.

Misclassifying employees as independent contractors
Employers sometimes incorrectly classify workers as “independent contractors” rather than “employees,” which denies these workers of the rights that employees are entitled to under the FLSA and California labor laws.

Are you misclassified?
Do you believe that your employer has misclassified you? If so, call us now for a free consultation.