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Have You Been Misclassified? Discuss Your Rights with a Los Angeles Unpaid Wage Lawyer
Under California and federal law, most workers can be classified as either non-exempt employees, exempt employees or independent contractors. As a worker, your classification has important implications for your right to California’s minimum wage, your right to meal breaks and overtime, and to various other employment-related benefits. As a result, if you have been misclassified, this could have a major impact on your finances, and you will want to speak with a Los Angeles unpaid wage lawyer about making sure you receive the full compensation you deserve.
Employers misclassify their employees for various reasons. In some cases, they are trying to avoid liability for workers’ compensation when their employees get injured on the job. In others, they are trying to make their employees work off the clock, or they are trying to avoid paying time-and-a-half (or double time) to employees who work more than eight hours per day or 40 hours per week. Regardless of why you have been misclassified, if your employer owes you more than it has paid, hiring an experienced Los Angeles unpaid wage lawyer is the first step toward holding your employer accountable.
Have You Been Misclassified as an Employee in Los Angeles?
Most workers in Los Angeles are classified (or should be classified) as “non-exempt” employees. Non-exempt employees are entitled to an hourly wage, they are entitled to breaks and meal periods, and they are entitled to overtime when they put in extra hours.
In contrast, “exempt” employees are only entitled to their annual salary and any other compensation or benefits that their employer has agreed to pay. This makes misclassifying employees as “exempt” beneficial for employers in many cases.
The same is true of misclassifying employees as independent contractors. Unlike employees, independent contractors are not entitled to overtime or other employment-related benefits. As a result, misclassification is common—and it is up to employees who have been misclassified to stand up for their legal rights.
Filing a Claim for Misclassification in Los Angeles
There are several factors involved in determining a worker’s correct classification. When you hire a Los Angeles unpaid wage lawyer at Attorneys for Employees (AFE), your lawyer can determine if you have been misclassified. Your lawyer will make this determination based on factors such as:
- Your compensation structure (i.e., whether you receive an hourly wage, day rate or annual salary)
- Your job duties
- Your place (or places) of work
- How much control your employer exerts over your work-related activities
- How other employers classify workers in similar occupations and roles
Depending on how long you have been misclassified, you could be entitled to substantial compensation for back pay and other employment-related benefits. A Los Angeles unpaid wage lawyer at AFE can help you decide whether to file a claim and if you decide to file, your lawyer can fight to recover just compensation on your behalf.
Learn More from a Los Angeles Unpaid Wage Lawyer at AFE
If you need to know more about your legal rights as a worker in Los Angeles, we encourage you to contact us promptly. Call 310-601-1330 or contact us online to discuss your legal rights with a Los Angeles unpaid wage lawyer in confidence.