Employee Misclassifications - Unpaid Overtime
One of the most common wage and hour violations committed by employees is the failure to pay overtime wages. One of the many ways this occurs is through employee misclassifications.
Employees are classified as exempt or non-exempt. An employer is required by California state law to pay overtime pay to all non-exempt employees. Failure to pay overtime pay to non-exempt employee may subject an employer to civil liability.
Wrong Job Titles
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 and 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. However, case law in California and many other states throughout the country indicate that the actual employee/employer relationship is the test for determining employee versus contractor status is not the title the employer chooses to give to a worker.
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 firm represents people statewide throughout California in a wide range of wage and hour matters, including:
- Unpaid overtime
- Meal and rest periods (breaks)
- Unreimbursed expenses
- FLSA claims
- Employee misclassifications/exempt/non-exempt
- Independent contractor misclassification
- Minimum wage violations
- Vacation pay violations
- Mass layoffs (WARN Act)
- Unpaid salary/commissions/bonus pay
If you need to speak with a lawyer about a wage and hour matter, contact Backstrom & Heinrichs today. Call us toll-free at 866-264-6543 or contact us online.
