employment law attorney

Employee Misclassification

Employers must properly classify employees when they are hired. Correctly classifying employees insures they are governed by the appropriate rules and receive the employment benefits to which they are entitled. However, some employers misclassify employees to minimize costs. This is illegal. If you’re an employee who believes your employer has misclassified your employment status, call the experienced employment attorneys at the law firm of Michael Burgis & Associates, P.C. If you aren’t being paid for the hours you’ve worked or aren’t receiving overtime, you may have been misclassified — and our firm can help you find out the truth.

Employee Classification in California

Hourly-wage employees are classified as non-exempt, and salaried employees are classified as exempt.

  • Exempt employees: Exempt employees receive a set salary, and as such, generally don’t receive overtime or guaranteed meal or rest breaks.
  • Non-exempt employees: Employees under this classification must be paid overtime as defined by California labor law. These jobs have a minimum wage, and workers must have a meal break and rest break during working hours.

The state sets rules regarding classification. These rules are meant to protect worker rights and enforce labor laws. Some unscrupulous employers refuse to pay their non-exempt employees the required minimum wage or overtime pay. To do this under the cover of legality, they misclassify their employees.

Consequences for Employers Who Violate California Wage and Hour Laws

Misclassification is just one of the ways an employer can violate state and federal wage and hour laws. Our attorneys will investigate your employer’s actions thoroughly to determine if you have a good cause to sue. If you lodge a successful complaint against your employer, you may:

  • Recover lost wages
  • Be credited for any required breaks you didn’t receive because of your employer
  • Receive a damages award for harm caused
  • Make your employer responsible for court costs and attorney fees if the issue is resolved in court

The lawyers at Michael Burgis & Associates, P.C., will work hard to right the wrongs committed against you by your employers. We will investigate your employer’s practices, find information to support your argument, and put you in a position to recover unpaid wages.

Contact Our Unpaid-Wage Lawyers in Pomona if You Believe Your Employer Violated the Law

No matter what work you perform, you deserve to be treated fairly by your employers. We strongly believe in the laws that protect workers and fight hard for the rights of employees in the state of California. If you believe your employer has misclassified you in violation of state law, call our firm as soon as possible for a free consultation.

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Michael Burgis & Associates, P.C

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