Employee Misclassification In California

Employees are classified as "exempt" or "non-exempt" to determine what kinds of benefits and responsibilities an employee should have. "Contractors" do not receive the same protection as "employees." Workers may be taken advantage of through the misclassification of their job title, which may result in the denial of rights and benefits.

At the Law Offices of Allan A. Sigel, P.C., we provide strategic advocacy and support to clients who have suffered financial injury or loss as a result of employee misclassification.

Employee misclassification can result in the denial of overtime and other benefits. To protect your rights, contact a legal team with experience you can trust.

Call us toll free at 800-651-0702 to speak with an experienced employment law attorney.

Corporate Interests In Misclassification

Corporations and big businesses may make it a practice to misclassify employees. The truth is that, they often settle lawsuits rather than change their policies because even with litigation, they usually payout less than if they were to pay employees the overtime they deserve. You have the right to collect overtime and pursue a claim against an unlawfully acting employer.

We have experience handling claims involving:

  • Exempt vs. non-exempt employee classification
  • Contractor vs. employee classification
  • Class-action litigation involving employee misclassification

What Is An Exempt Employee?

Employees classified as managers will lose their rights to overtime because they are responsible for supervising other employees. Managers, supervisors and other employees responsible for decision-making and increased responsibility will be considered "exempt." When an employee's actual responsibilities are the same as other employees, they may be considered misclassified.

What Is A Non-Exempt Employee?

A non-exempt employee is entitled to overtime and other benefits where they are not paid an equivalent salary to compensate for additional hours required to perform the job responsibilities. Unfortunately, many employees who are actually considered "non-exempt" are classified as "exempt" to protect the corporation from properly paying out compensation for overtime.

Contact us online for experienced and strategic advocacy throughout the state of California in employee misclassification and employee benefits litigation.