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  6.  – Employee Misclassification

Employee Misclassification Lawyers In Orange County

Federal and California employment laws draw a sharp distinction between “exempt” and “nonexempt” employees. An exempt employee, for example, is not entitled to receive overtime pay, may be required to work weekends, and have to work through the lunch hour and rest breaks. However, many employers lack an accurate understanding of the law regarding employee classification. This results in many employees being denied the overtime pay they deserve.

We Will Protect Your Rights

Watkins & Letofsky, LLP, with offices in Santa Ana and Las Vegas, is a team of experienced attorneys that represents clients in employee misclassification cases. We engage in vigorous litigation to help employees obtain all of the overtime pay they are entitled to receive under the law.

Call us at 866-439-1295 for a consultation. It costs you nothing and could be the first step in getting the overtime pay you deserve.

Why Do Employers Misclassify Employees?

In an effort to keep their labor costs low, some employers have chosen to employ people as independent contractors rather than hire them as full-time employees. Yet these workers are likely still nonexempt employees in all practical respects and in the eyes of the law. In addition, California law regarding the classification of employees is more restrictive than federal law, leading some out-of-state employers to mistakenly apply federal rules rather than California rules.

These factors result in many workers being classified as exempt employees when they are really nonexempt and thus eligible for overtime pay.

The California Exemption Test

Just because you receive a salary rather than hourly wages or have the title “manager” does not make you an exempt employee. You may still be eligible for overtime pay.

Determining whether a worker is really exempt or nonexempt is not always straightforward. In general, a worker is exempt when:

  • The worker’s duties meet the test of exemption
  • The worker exercises independent judgment when performing his or her duties
  • The worker is paid at least two times the minimum wage for full-time employment

A lawyer at Watkins & Letofsky, LLP, can review your situation and explain your options.

Free Consultation — Contact Our Firm

To discuss an employee misclassification case with Watkins & Letofsky, LLP, contact us online or call 866-439-1295.