An employee’s worker classification of exempt, non-exempt, or independent contractor affects their rights and benefits under both state and federal law. Employee misclassification is a serious legal issue that requires the assistance of an experienced labor attorney. Whether employers intentionally or mistakenly misclassify employees, these workers are very likely entitled to back wages and other employee benefits, and they should file a claim for financial compensation.

Employers who incorrectly classify workers deny them the rights they are entitled under the Fair Labor Standards Act (FLSA) and other state labor laws, including the California Labor Code. For example, you might be called an “assistant manager,” but if you have little decision-making authority, a strict job description, and are not given overtime compensation, then there is a very good chance that you have a claim for unpaid overtime wages.

Independent Contractor Misclassification

Employers sometimes choose to classify workers as “independent contractors” because that classification often saves the employer money that rightfully belongs to the employee. An employer is not legally required to provide independent contractors with benefits including overtime, meal breaks, medical insurance, and they do not have to carry workers compensation coverage for them. According to a 2000 study by the U.S. Department of Labor, 10 to 30 percent of employers misclassify employees as independent contractors.

Who does this happen to?

Employment misclassification occurs when companies incorrectly label their employees as managers, contractors, salaried (exempt employees), or day rate employees when in fact their duties mimic those of hourly workers eligible for overtime.  If you were denied overtime simply because of your title, contact us today.

Workers Often Misclassified and Wrongfully Denied Overtime

Contact us today.  We can help you determine whether you have been misclassified and whether you can recoup back wages.