Employee Misclassification

California Worker Misclassification of Status

According to federal and California law, most employees must be paid overtime compensation for any hours worked in excess of 8 hours per day or 40 hours per week. They also must also be provided with meal breaks and rest periods. Some employees, however, are exempt from these rules: those properly classified by the government as administrative, executive or professional.

Some employers may try to misclassify a worker as administrative, executive or professional just to avoid paying overtime. This worker misclassification is illegal, and the lawyers of The Emge Firm, LLP are devoted to taking companies who break these laws to court. In a free initial consultation, our employment law attorneys can meet with you and figure out whether employee misclassification has occurred.

Receiving a salary does not automatically make someone exempt from overtime and meal breaks. California wage and hour law interprets a salary as a figure based on 40 hours per week and 8 hours per day. If you work more than either 40 hours per week or more than 8 hours per day, you may still be entitled to compensation above and beyond your salary.

The determination of "exempt" or "non-exempt" status is not always as clear as your employer would like you to believe. Your job title does not determine whether you are exempt from overtime compensation. Exemptions are based upon the specific duties you perform. Only where more than 50% of your daily job duties unmistakably fall within one of the specific exemptions will you be properly classified as an exempt employee.

An employer that misclassifies one worker will probably misclassify many. Just one person with the courage to fight back can help many employees put an end to misclassification and recover unpaid compensation. The Emge Firm, LLP is experienced in bringing class action lawsuits on behalf of medium and large groups of employees to maximize your recovery.

By filing a lawsuit against an employer for worker misclassification, we can pursue the payment you should have received for past overtime work. In addition to compensation for damages, the employer might have to pay civil penalties for its violations of the California Labor Code. Penalties may include $100 per employee, per pay period, for the initial violation of the Labor Code and $200 per person, per pay period, for each subsequent violation. If the lawsuit succeeds, 25% of those penalties are paid to the aggrieved employee(s).

Contact us today to set up a free consultation regarding a time reporting issue, payroll law matter, or non exempt employee dispute. Our worker misclassification lawyers can teach you more about your rights in terms of time reporting and misclassification of status. To speed up the process, you can fill out our employment law intake form.