Is Your Employer Misclassifying Your Employment Status?
Employee misclassification is when an employer labels its workers inaccurately. Employers often misclassify employees as independent contractors to avoid business costs and taxes. Further, independent contractors do not have the same legal protections and benefits that employees receive regarding overtime, meal breaks and rest breaks.
It does not matter if it is done on purpose, or whether it is done accidentally — both violate California law. Moon & Yang, APC, is an employment law firm that fights for the rights of misclassified workers. Our team can help protect your rights, obtain the benefits that you deserve per your employment status and recover compensation, including unpaid wages.
Are You Misclassified As An Independent Contractor?
Many employers require that the worker sign an “independent contractor agreement” whereby the worker agrees that he/she is an independent contractor. However, a worker cannot simply agree to be an independent contractor through a contract. Many factors determine whether a worker is an employee or an independent contractor. If your employer classifies you as a contractor when you are performing the duties of an employee, you may have a legal claim.
If You Are A Nonexempt Employee, You Deserve Benefits
California classifies employees as exempt or nonexempt. Employers owe nonexempt employees benefits such as:
- Overtime pay
- Double-time pay
- Meal breaks
- Rest breaks
- “Waiting time penalties” (failing to pay employee all wages owed at termination)
- Itemized pay stubs (wage statements)
Employers can save hundreds of thousands of dollars a year by classifying workers as exempt when they are in fact nonexempt. Your employer may misclassify you to save money by scrimping on the benefits you deserve. This is against the law, and it can result in serious penalties.
Learn Whether You Are Misclassified. Get A Free Consultation.
To learn whether your employer has misclassified you and is withholding the pay or benefits that you deserve, contact Moon & Yang, APC. We offer free consultations in which we will discuss your case. To get your consultation, call 213-232-3128 or send our firm an email.