Orange County Employee Misclassification Lawyers
Certain categories of employment are not covered by state and federal overtime rules. Salaried workers can be required to work long hours without any extra pay. Independent contractors can be paid straight time wages instead of premium wages.
Many such workers are knowingly misclassified by employers to avoid paying overtime. The California labor commissioner has spotlighted this rampant practice. If you were wrongly classified as exempt, you could be entitled to months or years worth of unpaid overtime compensation.
California Employment Counsel, APC, has successfully represented salaried employees and contractors in misclassification claims in Orange County and Southern California. Our lawyers have helped individual clients and groups of employees recover back pay and other damages.
Free Initial Consultation · No Recovery, No Attorney Fee
Were You Wrongfully Classified As Exempt From Overtime in California?
Misclassification tends to fall into two categories:
- Salaried employees such as managers, assistant managers and administrators may work six or seven days a week, putting in 50, 60 or more hours. Closer analysis often reveals that they do not meet the statutory criteria as exempt employees.
- Independent contractors are also exempt from overtime pay. If they are contracted per project rather than per hour, they may not get any additional pay at all for working beyond 8 hours in a shift or 40 hours in a week. But many contractors are not in fact independent; they are arbitrarily designated as such by employers to get around the overtime rules.
Our knowledgeable employment law attorneys can examine your job duties, work schedule, autonomy and other factors to gauge whether you should properly be classified as nonexempt (i.e., an hourly employee). You may have a claim for hundreds of hours of unpaid overtime, plus interest and penalties.