Experienced Employment Law Attorney in Newport Beach, California
The Newport Beach employment law attorney at the Leichter Law Firm, APC is available for free consultations for the city’s nearly 86,000 residents any time they are subjected to unlawful behavior in the workplace.
Whether you have been misclassified as an independent contractor instead of an employee, denied minimum wage or overtime pay, or subjected to discrimination or sexual harassment in your California workplace, contact the Orange County employment law attorney, Aryeh Leichter, today to schedule a free consultation to discuss your case and the legal solutions that may be available for your unique needs.
Leichter Law Firm, APC Newport Beach Employment Law Attorney Practice Areas
The employment lawyer in Newport Beach at the Leichter Law Firm, APC, manages every aspect of his client’s cases personally, so each California employee he represents gets his full attention.
Mr. Leichter focuses on providing customized legal approaches that allow his clients to benefit from strategic strategies that produce results when their personal and professional lives have been disrupted by workplace misconduct.
The Newport Beach employment law attorney represents clients who have suffered from:
- Age Discrimination
- Breach of Employment Contracts
- Disability, FMLA, CFRA
- Independent Contractor Claims
- Overtime Misclassification
- Pregnancy Discrimination
- Residential Apartment Manager
- Review of Severance Agreement
- Sexual Harassment
If you believe your workplace rights have been violated, contact the experienced employment lawyer in Newport Beach today to discuss your legal needs during a free consultation.
How Can I Prove My Newport Beach Employer Misclassified My Position?
The most common jobs held by the nearly 44,000 employees working in Newport Beach are management occupations, sales, and business and financial operations, which are often roles that are exempt from overtime pay in California.
California employers may legally deny overtime pay to exempt employees identified by the Fair Labor Standards Act and/or the California Labor Code — that includes independent contractors.
The key to determining who is exempt, and who is not, is where misclassification becomes a legal issue.
There are five other exemption categories, which include:
- An administrative exemption applies to a certain office or non-manual workers whose duties and responsibilities are directly related to management policies or the general business operations of their employer or employer’s customers.
- An inside sales exemption applies to salespeople who earn a base pay and commission more than 1.5 times the current California minimum wage requirement
- An executive exemption applies to company executives and high-level managers who customarily and regularly direct the work of two or more other employees who have the authority to hire or fire other employees or whose suggestions and recommendations are given particular weight.
- A professional exemption applies to certain professionals licensed or certified by the State of California and primarily engaged in the practice of a recognized profession such as medicine, education, architecture, or engineering.
- A computer professional exemption applies to computer workers in independent, creative environments such as computer programmers and systems analysts.
While most exempt employees earn a salary greater than two times the current California minimum wage as required by the administrative, professional, and executive exemptions, their roles may require working extended hours without receiving fair compensation.
If you believe you have been misclassified as an exempt employee in California, contact the skilled employment law attorney at the Leichter Law Firm, APC today to schedule a free consultation to discuss the details of your case.
How Do I Know If I Have Been Misclassified as an Independent Contractor in California?
The California Labor and Workforce Development Agency introduced an ABC test to help distinguish between employees and independent contractors.
The ABC test requires an individual to be labeled as an employee unless the hiring company can prove the worker:
- Performs work that is outside the usual course of the hiring entity’s business
- Is free from the company’s direction or control while performing their duties
- Is routinely engaged in an independently established trade, occupation, or business of the same nature as the work performed
When these three elements cannot be satisfied, the worker has deemed an employee and, by law, is entitled to:
- Minimum wage and overtime pay requirements
- Medical leave and paid time off
- Rest and meal breaks
- Health insurance requirements
- Unemployment and disability insurance
- Workers’ compensation coverage
- Payroll taxes, including Social Security and Medicare taxes
The California employment laws are designed to protect employees from misclassification and have enacted legislation to make it increasingly difficult for this unlawful act to occur.
Unfortunately, misclassification continues.
If you believe you have been unfairly and inaccurately misclassified as an independent contractor by your employer, contact the experienced employment law attorney in Newport Beach today to schedule a free consultation to discuss your role in the organization.
Contact the Leichter Law Firm, APC Employment Law Attorney in Newport Beach, California
Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Newport Beach, can help you pursue your employer for their unlawful behavior, starting with a free consultation by calling 818-915-6624 or contacting the firm online today.