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Misclassifying employees can be a way of denying their rights


The classification of employees is a highly important factor in determining their benefits and other rights. Full-time employees may be classified as exempt or non-exempt. Non-exempt employees are entitled to receive overtime pay if they are required to work more than 40 hours in a week to complete their job responsibilities. However, companies often attempt to classify these employees as exempt in an attempt to get around the obligation to pay increased overtime rates.

Exempt employees, on the other hand, are not entitled to receive overtime pay. Exempt employees are often those in a managerial or leadership position, or those with increased responsibilities. An employee may be misclassified as exempt if their job responsibilities are similar to those of other employees classified as non-exempt. Additionally, employees that are classified as contractors are neither entitled to benefits or overtime pay, but may be treated as full-time employees by their employer.

An organization's interests in misclassifying employees are often to save costs at the expense of their employees. Many companies will intentionally misclassify employees, knowing that the amount they will payout in a settlement for a wage and hour violation is often less than the amount of overtime and benefits that they are obligated to provide. The attorneys at the Law Offices of Allan A. Sigel, P.C., are experienced at assisting employees who have been misclassified by their employer, either intentionally or unintentionally. They can provide strategic advocacy for their clients to help them retrieve the compensation that has been wrongly withheld.

It is incumbent upon impacted employees to assert and protect their rights to overtime and benefits. Acquiring the assistance of an attorney with extensive experience in dealing with wage and hour violations can improve their chances of having a successful claim.

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Law Offices of Allan A. Sigel, P.C.

Law Offices of Allan A. Sigel, P.C.
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