Did Your Employer In Southern California Misclassify You?

Misclassification is one of the most common causes of unpaid overtime pay and unprovided benefits. In some instances, these are honest mistakes. In others, it is a sign of an employer acting nefariously to deny workers the full range of compensation and benefits they deserve.

At Teren Law Group in Redondo Beach, we understand the rights and protections workers have in California. Our employment law attorney Ms. Pamela Teren has exclusively practiced this area of law for more than 25 years. She understands the best method for approaching your employee misclassification case, and she knows how to get results.

Exempt Vs. Nonexempt Employee

Retail workers, midlevel managers and other workers may receive requests to work long hours. If they are salaried, their employer may try to pay an employee unfair wages by claiming they are an exempt worker. Workers who are exempt must meet the following three criterions:

  • Receive a salary that is at least twice the minimum wage rate for full-time workers
  • Primary duties must be administrative, executive or professional tasks
  • The worker has discretion and independent judgment when carrying out the tasks of the job
  • At least 51 percent of their working time must be spent on the tasks involving management, executive or professional level discretion and judgment

Employees who do not meet these criteria are non-exempt and eligible for overtime pay. This is true even if they are salaried. These requirements have clear definitions. We can determine whether your employer is misclassifying you as exempt and take the proper actions to correct this situation.

Employee Vs. Independent Contractor

Employers may classify some workers as independent contractors, rather than employees. Contractors are not eligible for protection under California's overtime and minimum wage regulations. They may also not receive workers' compensation coverage for workplace injuries or additional unemployment or health benefits.

There are no strict guidelines for who is an independent contractor and who is a regular, protected employee. A good lawyer can review your situation to determine whether your employer misclassified you. We will analyze the permanency of your work relationship, how much control your employer had over your work and other factors to provide you with clear, honest information about your case.

Diligently Pursuing Justice For You

We will work just as hard as you do to get the full compensation and benefits you are eligible to receive. Schedule a free case evaluation to learn more about your options with our attorney. Please call 310-870-0375 or send our team an email.