Los Angeles Employee Misclassifications Attorney

For most Americans, work occupies a huge portion of the day. It often becomes the centerfold of life whether you want it to or not because of the weight your job holds on financial stability and your future. Work is how we support ourselves and our family; it is how we feel purposeful and gives us intention throughout our days. However, some employers take advantage of their employees, and misclassification is one way they do so. If you believe your employer might be misclassifying you, you need the help of an experienced Los Angeles employee misclassification attorney.

What Is Misclassification?

Unfortunately, Los Angeles, CA workplaces do not always honor the rights of their workers, taking advantage of their ignorance. One way a workplace can attempt to take advantage of its workers is by misclassifying them as independent contractors who receive different rights than employees.

Misclassification can lead to the denial of employee rights and protection. Your workplace may be taking advantage of you if you are performing the same job as an employee but were hired as an independent contractor. It is important that if you feel you are being stripped of your worker’s rights, you seek help straight away.

What’s the Difference Between an Independent Contractor and an Employee?

Employers do not simply choose whether they want their employees to be considered independent contractors or not. They, instead, must pass an ABC test, which states what conditions independent contractors have to meet before they can be classified as such. If you do meet these conditions and are considered an independent contractor, you may be exempt from misclassification laws.

Classifications that determine non-exempt workers are as follows:

1. You operate on a unique schedule differing from the schedule of other employees.
2. You control your schedule: the number of hours you work/which days you work.
3. You are not a permanent employee but hired temporarily for a specific job/task.
4. You have your own workplace/materials that you use to complete the job.
5. Your pay is not hourly. Instead, you get paid according to a specific job.

You may be a misclassified employee if a company has hired you as an independent contractor, but you do not meet the mentioned conditions. An employee misclassification lawyer can work with you to investigate your case and learn more about your company to file a case against the wrongful misclassification in order to get you the proper compensation.

Who Is Considered an Exempt Worker?

There is a misconception that if you wear a tag that says manager, you are exempt from rules governing meal breaks, overtime, and benefits, but this is not always true. Even managers can be considered non-exempt, and employees reap these benefits from their employers.

Instead, exempt workers are typically considered “white collar workers” and are typically employed in executive, administrative, or professional businesses. Some examples could be an independent salesperson, real estate agent, or independent contractor.

Why Would a California Employer Misclassify Employees?

Although you may wonder why a company would purposefully misclassify an employee, the answer isn’t always clear-cut. As inflation continues to rise along with minimum wage, companies are struggling to afford their workers. The most expensive part of owning a business is paying for people to work there, so oftentimes, despite the risk, companies will attempt to misclassify their employees so they can save money.

Some reasons why companies may misclassify an employee include the following:

• To avoid paying them for their breaks – For every four hours worked, employees are entitled to receive a 10-minute paid break.
• To avoid paying them minimum wage
• To avoid paying overtime for extra hours worked – Any time worked over 40 hours is considered overtime. Typically, employees get paid extra for this work.
• To avoid paying for benefits such as healthcare, workers comp, or retirement.

How Will I Know That I Am Being Misclassified by My California Employer?

It takes careful observation and calculation to determine and prove that you are a misclassified worker. Misclassified employees will have to learn how to spot signs that they are being treated unfairly by their workplace before contacting an employment lawyer. It is important to gather as much supporting documentation as possible to begin this process.

The following provides a few examples to help you determine if you are being misclassified:

1. You notice your paychecks are less than your hours worked – Some employers try subtracting money from your check to account for your meal breaks, saying that you are not obligated to them. However, if you are not an exempt employee, your employer is obligated to pay you for your meal breaks.
2. Your overtime hours are not properly calculated – sometimes employers may try to tell you that you are obligated to work overtime without pay if a task is unfinished, but this is untrue. Besides exempt employees, non-exempt employees must be paid for all overtime hours worked.

How Much Can You Sue an Employer for Employment Misclassification in California?

With the help of an experienced misclassification attorney, you can sue an employer who has intentionally or unintentionally misclassified you. If your case is successful, you will receive compensation for any of the following:

• Unpaid meal and rest breaks
• Violations of minimum wage laws
• Legal fees
• Court costs
• Interest according to the amount of time that has passed since the misclassification.
• Unpaid overtime

Employee Misclassification Attorneys in Los Angeles, CA

Battling with your employer is never easy. It is often a gruesome process that can leave you feeling unsure and worried about the state of your career. It is important to remember that if you do suspect misclassification at work, you are not alone. Unfortunately, this is a common issue that happens to many working individuals across the country, but on the bright side, there are solutions available to you. California law takes misclassification very seriously, and our lawyers at Park APC Lawyers fight aggressively to get you the compensation you deserve for all your work disputes. We understand that this is a stressful time for you, and that is why we are here to help. If you are worried about misclassification at work, contact our lawyers today.