Many workers are unaware that how their employer classifies them can have a significant impact on their paychecks.
For example, an employee who is salaried but should be classified as hourly under the law will lose out on overtime pay benefits. These types of cases can be complex and skilled legal counsel is essential.
At Limonjyan Law Group, our attorneys stand up for the rights of workers. We can help explain the various rules regarding employee classification and how they may apply to your position. If we find evidence of employee misclassification, we can help pursue the compensation to which you are entitled.
To learn more, call our offices at (213) 277-7444 for a free consultation.
Your employer may fail to recognize you as an employee or independent contractor, whether intentionally or unintentionally. The correct classification is not always clear cut, and it may depend on a number of varying factors. The most common employee misclassification is when an employer wrongfully classifies a full-time employee as an independent contractor.
If your employer has misclassified you, you have the right to file a claim against them. At Limonjyan Law Group, we will help you determine whether you are eligible to file a claim and fight for your rights to get fair compensation. We have handled numerous employee misclassification cases, so you can be sure we will work to serve your best interests.
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Don’t Lose Your Rights
If you are an employee, you may be disadvantaged when your employer misclassifies you as an independent contractor. For instance, you might have to pay your employer a portion of withholding taxes, you may lose out on important benefits, and you may be responsible for any injuries or accidents that occur on the job.
You may also not be under the protection of the following:
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- Family Medical Leave Act
Fortunately, the state and federal government take employee misclassification very seriously. Some of the reasons why the federal and state governments take employee misclassification seriously include:
- Loss of public revenue
- Violation of minimum wage laws and other employee protection laws
- Independent contractors are not eligible for social benefits
- Leveling the playing field for competitors within the same industry
Difference between a Non-exempt Employee and an Independent Contractor
A company may hire an employee or an independent contractor to perform a similar task, but there is a significant difference between the two. If you are an independent contractor, your employer cannot withhold taxes. However, as an employer, the company can withhold taxes, health insurance, and Social Security from the salary paid.
Here are some of the factors to weigh when determining whether you are classified as an employee or an independent contractor:
- Does your employer control how you work or what you do?
- Do you have a written contract for employment-based vacation pay, pension, or insurance coverage?
- Will the relationship continue after task completion?
- Does your employer provide equipment for you to complete your job?
Damages You Can Recover
If you want to file a claim for fair compensation, you must prove that you were misclassified. You are entitled to compensation for unpaid wages and penalties for misclassification. Some of the damages you can recover include:
- Unpaid overtime wages
- Lost back pay in case you were discriminated against
- Unpaid local minimum wages
- Penalties for failing to pay overtime
- Reimbursement for phone bills and miles driven
Looking for an Employee Misclassification Lawyer? Get in Touch
It’s essential to contact an experienced employee misclassification attorney to evaluate the circumstances of your case and determine the right course of action. If you discover your employer has misclassified you, we can help you. Call us today at 213-277-7444 or fill out our online contact form to schedule a consultation with our law firm.
Salaried or Hourly? Employee or Independent Contractor?
In general, employees who are paid by the hour are entitled to overtime pay for any hours worked in excess of 40 hours per week. There are several different factors that are used to determine whether an employee should be paid by the hour instead of making a flat salary.
Some employers may classify workers as salaried, or exempt, in order to get around the required payment of overtime wages. Another situation where classification issues come into play is whether a worker is considered to be an employee or an independent contractor. Once again, a number of different factors may be used to meet this determination.
In general, independent contractors have fewer rights and entitlements than employees, and some employers may improperly classify workers as independent contractors in order to save money.
Contact Our Employee Misclassification Attorneys For Help
When employee misclassification occurs, workers are deprived of their rights and benefits. We can help determine whether your rights have been violated and pursue any available legal remedies. In addition to English, we speak Spanish, Russian and Armenian, and we provide representation to workers throughout Southern California.