Temecula Employee Misclassification/Independent Contractors Lawyer
You may not give a second thought about how the company you work for treats you for purposes of employment, but your status is important. California employment laws draw a distinction between employee and independent contractor, as well as for certain employees termed exempt and non-exempt. Misclassifying you within these categories is against the law, but some employers still engage in misconduct for financial reasons. Gain for the company is a loss for workers who cannot take advantage of the protections of employment laws.
It is reassuring to know that there are legal remedies for employees who suffer harm because of misclassification. The Law Office of Karen J. Sloat, APC can explain legal options for recouping your losses, as our team has more than 30 years of combined experience representing clients in such cases. Please contact our firm to talk with a Temecula employee misclassification lawyer who will provide personalized advice. You might also benefit from reviewing some of the basics.
How Misclassification Impacts Employees
Definitions are important for purposes of California employment laws and the federal Fair Labor Standards Act (FLSA). An independent contractor is anyone who provides services for specified compensation or result, but is not under control of the principal entity for how the outcome is achieved; anyone rendering services through some other arrangement is presumed to be an employee. In addition:
- An exempt employee is someone in an executive, administrative or professional position, as well as some salespeople. Another factor is income: Exempt employees earn a salary at least double the state minimum wage.
- Nonexempt employees are those who do not qualify under the criteria for exempt.
With these basics in mind, you should understand how and why employers would misclassify their staff. Though there are differences in the laws for independent contractor versus exempt employee status, a company may not be required to:
- Pay overtime to individuals who work more than 8 hours a day or 40 hours a week;
- Provide meal or rest breaks;
- Track employee hours;
- Allow time off under family and medical leave statutes; and
- Comply with laws on unemployment insurance and workers’ compensation.
Your Options as a Misclassified Employee
When an employer is not required to follow the law because of misclassification, employees can suffer considerable losses. Fortunately, you have legal remedies against your employer to recover compensation, and The Law Office of Karen J. Sloat, APC will handle the legal process. Our Temecula employee misclassification attorneys will pursue your employer for all available damages, including:
- Unpaid overtime
- Back pay for minimum wage violations;
- Compensation for meal and rest breaks not taken;
- Attorneys’ fees.
Our Temecula Employee Misclassification Lawyers Will Fight for Your Rights
Companies gain an unfair advantage by violating laws on independent contractors and exempt versus nonexempt employees, to the detriment of the worker. To learn more about your legal remedies under California employment laws, please contact the Law Office of Karen J. Sloat, APC at 760-779-1313 or via our website to discuss the next steps.