Employers may improperly classify employee status in an attempt to reduce benefits and pay. This is illegal. If you suspect your exempt status has been misclassified, you should reach out to a Los Angeles, CA employee misclassification attorney at Setyan Law. We will evaluate your case for free and answer your questions.
When Does an Employee Misclassification Occur?
An employee misclassification often happens when an employee’s status is incorrect. This may occur in an attempt to deny the employee important legal protections and benefits, such as minimum wage, overtime pay, unemployment compensation, and family medical leave.
It is common for an employee to be misclassified as an independent contractor. However, it may also involve employees being classified as exempt instead of non-exempt employees. Exempt employees receive a salary, while non-exempt employees are paid hourly. Employers often misclassify employees working long hours as exempt in order to avoid paying them overtime, or at all, for the extra hours they work.
Employment Status Meaning
There are significant differences between the legal rights of exempt and non-exempt employees. The Fair Labor Standards Act (FLSA) discusses important details about each employee status.
Most employees are non-exempt. They are subject to minimum wages and overtime pay. They are typically paid hourly.
An exempt employee is typically one who has a higher level of expertise and knowledge. They include executives and some supervisors. Exempt employees are excluded from minimum wage requirements, and they are not eligible for overtime pay. They typically earn a salary instead of hourly rate of pay. The employer may determine how much to pay exempt employees for overtime work.
Both exempt and non-exempt employees must pay taxes. Exempt employees do not have any special tax status.
What Should I Do If My Employer Misclassifies Me?
If your employer misclassifies your status of employment, you should immediately reach out to an employment misclassification lawyer in Los Angeles, CA. We will review your actual current employment status and help you understand the types of employment status that your employer is trying to impose upon you.
You are not FLSA status exempt unless you meet specific requirements under the law. So, if you have unpaid overtime or wage and hour violations, your employer owes you compensation.
Setyan Law can help you get money to cover the following:
- Unpaid minimum wages
- Reimbursement for expenses, such as mileage
- Unpaid overtime
- Lost back pay
In some cases, we can get extra compensation for penalties for failure to pay appropriate minimum wages, overtime, or sick leave. If you have been retaliated against or discriminated against, we can also help you obtain the money you deserve.
A Los Angeles Employee Misclassification Lawyer Can Help
Call our team of employee misclassification attorneys in Los Angeles, CA at Setyan Law at (213) 618-3655 to schedule a free consultation. No fee unless you win.
How an Employment Attorney in Los Angeles, CA Can Help You
Employment disputes are about more than winning. They often involve your livelihood and can impact your entire life. Setyan Law has a team of legal professionals and discrimination lawyers in Los Angeles, CA, Pasadena, CA, and Glendale, CA.
We will review your case, gather evidence to support your claims, and fight for you to get the justice you deserve.
Please feel free to call us for a free consultation about your rights.