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Misclassification

Los Angeles Misclassification Attorneys

Proudly Helping Clients Uphold Their Labor Rights

When employers deliberately misclassify employees, it not only harms legitimate businesses but also cheats hardworking individuals who are entitled to a fair wage for their labor. Misclassification is a tactic used by dishonest employers to withhold benefits and avoid paying minimum wage and overtime hours their employees log at work. Employers also use misclassification tactics to cut payroll costs, underbid projects, and make it difficult for legitimate businesses to compete.

How Are Employees Classified in California?

In addition to the classification of employees as Independent Contractors and Employee, Employees in the state of California are classified into two categories: exempt and non-exempt. Exempt employees are usually salaried and employers don’t have to pay them for overtime, provide meal or rest breaks, and other employee benefits. Non-exempt employees can be paid an hourly wage or salary and are entitled to overtime pay as well as meal and rest breaks. When an employee is misclassified as exempt, often times under the guise that the employee is a “Manager,” it results in lost wages and unfair treatment.

There are a variety of ways employers misclassify workers, including treating employees as independent contractors or classifying workers as exempt when in fact they are not exempt or Independent Contractors. The classification by your employer is not absolute – the law states that the title given to employees by their employers is not important—what is important is what your job duties are and whether the employer has followed the law regarding employees classification..

Some of the other negative consequences of employee misclassification include:

  • Sick leave or personal time off can be denied
  • Fair wages, meal and rest breaks, and safety and employment discrimination protection can be denied
  • Inability to access crucial benefits like health insurance
  • Trouble qualifying for unemployment benefits
  • Debts from miscalculated taxes, social security, and Medicare withheld from paychecks

What Type of Compensation Is Available for Misclassification Cases?

Depending on the details of the case, misclassified employees might be entitled to:

  • Unpaid wages
  • Unpaid benefits classification
  • Interest on unpaid wages or benefits
  • Waiting time penalty
  • Court costs and legal fees

Call Our Firm Today at (310) 340-1550 to Discuss Your Options

Our employee misclassification lawyers at Azadegan Law Group, APC have the experience and knowledge of the law that you want on your side to make sure your best interests are protected both in and out of the courtroom. We have a stellar reputation for carefully evaluating potential claims and shaping strong, persuasive legal arguments to assert the rights of workers throughout Los Angeles.

To set up a case consultation with our legal team, please call (310) 340-1550 or contact us online.

  • Michael M. Yellin Photo
    Michael M. Yellin

    Employment Law Attorney

    Michael M. Yellin, Esq., is an attorney licensed to practice law in the State of California. A graduate of the Southwestern University School of Law in Los Angeles, law is Mr. Yellin's second career. Prior to law school, Mr. Yellin worked as an Emergency Medical Technician for a "Voluntary" hospital, operating under the direction of the Fire Department of New York, in New York City. While working in that capacity, Mr. Yellin was awarded the Excellent Duty Award after he and his partner entered a ...
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