Employee Misclassification Lawyer in Los Angeles, CA

At the Leichter Law Firm, APC we have extensive experience in handling employment law disputes. Such employment disputes often consist of misclassification and wage and hour violations. It can often be confusing to determine whether you are exempt, non-exempt, or an independent contractor, especially since companies misclassify their workers so frequently. In fact, recent California laws allow increased penalties to a company or employer that willfully violates classification rules. If you believe wages and overtime have been inappropriately withheld by your employer, or have questions about your classification as an exempt employee who is not entitled to overtime, then you should consult an experienced California employment law attorney. Employee Misclassification Is More Common Than You May Think

Many employers work under the misguided notion that salaried employees are not entitled to overtime. Just because you are a salaried employee does not mean you are not entitled to overtime. Whether you are entitled to overtime depends on the type of work you do, not the job title you are given or how you are paid (i.e. salary vs. hourly).

Exempt Employees – Do Your Duties Warrant Your Status?

If you have been classified as a manager, you rightly should expect to perform the duties of a manager supervising other employees. Managers, supervisors, and other employees responsible for decision-making and increased responsibility will be considered “exempt.” If you are classified as a manager and your primary duties consist of stocking shelves, ringing up cash registers, and similar tasks, you may have a misclassification claim.

What is a Non-Exempt Employee in Los Angeles, CA?

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 their 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.

Am I an Employee or an Independent Contractor?

The most important factors to determine whether you are an employee, rather than an independent contractor, are how much control the company has over your work and the extent to which your job is integrated into the company’s business. Other relevant factors include your level of skill, whether you or the company provide your tools, equipment, and workplace, how long you have worked for the company, and whether the company pays you like an employee or like an independent contractor.

Our Los Angles Employee Misclassification Attorney Serve The Following Practice Area

• Age Discrimination
• Breach of Employment Contracts
• Disability Discrimination
• Employment Discrimination
• FMLA, CFRA
• Independent Contractor Claims
• Overtime Misclassification
• Pregnancy Discrimination
• Residential Apartment Manager
• Retaliation Claims
• Sexual Harassment
• Wage and Hour Claims
• Wrongful Termination

Here are some other resources:

• Meal and Rest Break
• Minimum Wage Overtime
• Time Card Manipulation

Contact Our Los Angeles Employee Misclassification Attorney for Help with Your Employment Classification Claim

If your employer has wrongly classified you to save money on payroll, you have a right to bring a claim for damages. We can help you fight to protect you and your co-workers from your employer’s illegal actions; call 818-915-6624 or contact us for a confidential consultation with an experienced employment lawyer in California. Our Los Angeles Employee Misclassification office is located just west of downtown Los Angeles, in the mid-Wilshire area.

Related Link:

• Employment Law: Difference Between Independent Contractor and Employee
• Cochran: Employers Can’t Piggyback On Employees’ Unlimited Cell Phone Plans
• The Dangers of Social Media and Employee Discipline
• Dispute Resolution for Hourly Wage Employees