Employee Misclassifications - Unpaid Overtime
One of the most common wage and hour violations committed by employers is the failure to pay overtime wages. One of the many ways this occurs is through employee misclassifications.
Employees are classified as exempt or nonexempt. An employer is required by California state law to pay overtime pay to all nonexempt employees. Failure to pay overtime pay to nonexempt employees may subject an employer to civil liability. If you suspect that you are a victim of employee misclassification, contact the experienced San Diego attorneys at Backstrom & Heinrichs today.
Exempt Employee vs. Nonexempt Employee
Just because you are paid a salary does not mean you are not entitled to overtime. Whether or not a person is exempt from overtime/break laws is determined by the type of job you perform, not your job title. You may have been misclassified as an "exempt employee."
Under the California Labor Code, if more than 50 percent of your day is spent performing professional, administrative or executive tasks (intellectual tasks requiring discretion and independent judgment), your employer does not have to pay you overtime pay. Similarly, outside sales consultants paid on commission do not receive overtime pay. In many other cases, however, employers must pay overtime, even to salaried employees.
Our California employee misclassification attorneys will review your work situation and determine whether you are entitled to receive compensation for overtime work that you have completed. We may also be able to pursue civil penalties against your employer.
Independent Contractor vs. Employee
Another form of employee misclassification is when an employer labels a person as an individual contractor as opposed to an employee. Unfortunately, many employers try to circumvent California employment laws by retaining independent contractors. In some circumstances, employers are treating workers as employees, but simply choose to label them as independent contractors.
Case law in California and many other states throughout the country indicate that the title the employer chooses to give the worker does not determine the worker's employment status. Rather, courts will look at the actual employee/employer relationship to determine if a worker is an employee or a contractor. The federal and state governments are currently auditing employment relationships throughout California. If you are paid as an independent contractor and unfairly benefiting your employer, odds are that a court will find that you are an employee.
Contact Backstrom & Heinrichs
If you feel your right to receive overtime pay has been violated, contact an experienced employment law attorney at Backstrom & Heinrichs. Based in San Diego, our employment lawyers represent clients throughout California. Call us toll free at 866-264-6543 or contact us online.
