Misclassification of Employees
California employees are classified into two categories: exempt and non-exempt. An exempt employee is not required to be paid for overtime and is usually a salaried employee. A non-exempt employee is usually an hourly employee and is entitled to overtime pay. If an employee is misclassified as exempt when he or she should be hourly, or vice versa, it can result in lost wages and more work than he or she should be completing according to the job description.
At Lyon Law in Los Angeles, we are a dedicated employment law firm that fights for the rights of misclassified employees. Our firm strives to protect our clients and pursue the compensation they deserve for the wages that are being illegally withheld from them. Throughout his over 15 years of practice, attorney Geoff Lyon has handled numerous employee misclassification cases and can help you understand how we may be successful with your case.
To discuss the possibility that you are an employee that has been misclassified and may be missing wages, talk to an attorney at our firm. Contact Lyon Law at (310) 818-7700.
Unfortunately, an employer may purposely misclassify an employee in order to force unpaid overtime. They achieve this by giving an employee a title such as manager or supervisor (a position that has an exempt status) when the employee in fact does not manage or supervise any other employees.
Under California law, an employee must be supervising or managing a minimum of two other employees and have at least 50 percent of their job duties considered managerial. If this is not the case, but an employee is named as a manager, then it is very likely they have been misclassified in order for the employer to have them do more work than described in the job description but without proper payment.
Most employees that are misclassified are termed exempt when they should really be non-exempt, or hourly. There are many types of professions that are often misclassified, including:
- Construction workers
- Non-licensed engineers
- Technical writers
- Sales representatives
- Secretarial workers
It is important to get exceptional legal guidance before making any decisions regarding your possible employment law case. Our consultations have no charge and you don’t pay us anything unless you win. We will also advance any legal fees and expenses necessary for your case. You can contact us during business hours or make a special appointment if you need us to accommodate evening or weekend appointments. We are located just off the 710 freeway. To contact us call (310) 818-7700 or through this website via the box conveniently found on the upper left-hand corner.