What Is Misclassification?
Misclassification is when an employer improperly classifies an employee as an independent contractor or as an exempt employee so that the employer doesn’t have to pay things like overtime wages or comply with meal and rest period requirements.
If you believe your employer has misclassified you, do not hesitate to contact the employment lawyers at Brock & Gonzales LLP. Send us an email or call 310-294-9595. We have offices in Los Angeles, Oakland, and Sacramento, and our attorneys fight for the rights of employees throughout California.
What is an Independent Contractor?
Generally, in California, an independent contractor is a person who performed services for someone else and maintains control over how they perform that service. Independent contractors are not employees, and among other differences, are responsible to pay social security and Medicare taxes to the IRS themselves.
What is an Exempt Employee?
Exempt employees are not subject to some state and federal labor laws, such as laws regarding overtime, rest breaks, and meal breaks. Usually, but not always, exempt employees are paid on a salaried basis. There are multiple types of exemptions that an employee can fall under but the most common exemptions are executive, administrative, and professional employees.
What are you entitled to if you were misclassified?
If you were misclassified by your employer, you may be able to recover damages from your employer such as: unpaid wages, unpaid overtime, premium payments for noncompliant meal periods, and other penalties and interest.
Contact A California Employment Lawyer
Brock & Gonzales LLP specializes in wage and hour cases. If you feel your employer has misclassified you, contact us to set up a free consultation. Please call 310-294-9595 or reach us by email. With offices in Los Angeles, Oakland, and Sacramento, we fight for the rights of employees statewide.