What Is Employee Misclassification?
Some employers make it a practice to misclassify non-exempt employees as exempt – or employees as contractors or regular employees as “managers” – in order to avoid paying overtime.
While the distinctions can be highly technical, one easy way to understand the difference between an exempt and non-exempt employee has to do with the degree of control the employer has over the employee.
In simple terms, if your employer has the power to tell you what to wear, when to come to work or when to take breaks, you may be a non-exempt employee, and entitled to overtime pay.
How Do You Know If You Should File a Lawsuit?
There is not a simple answer. There are very specific guidelines governing who is or is not exempt. These guidelines differ substantially depending on the category into which your job function falls. The validity of your employee misclassification claim may depend on the interpretation of these guidelines.
Additionally, the length of your employment, the difference between what you were paid and what you might have been paid, and the potential cost of pursuing a lawsuit must all be factored into the decision.
Informing You of Your Rights is Our First Goal
At Perkins & Associates, we are committed to telling our clients the truth. Our goal is to offer you the information and advice you need in order to make an educated decision. Once you are in possession of the facts, if you decide to hire us to pursue a wage and hour claim based on employee misclassification, your attorney will apply a thorough understanding of the law and substantial experience to your case.
To discuss the specifics of any employee misclassification claim or to learn more about your rights and options in a case of unpaid overtime, contact our offices in Sacramento today to schedule an appointment with a respected employment lawyer serving central and northern California.