A founding partner at the firm, Eric has negotiated groundbreaking settlements that...
A large share of employment litigation concerns whether an employer has correctly “classified” its workers. The two distinctions between workers that matter most are:
Just because an employer has classified you a certain way or given you a certain job title does not mean that you are classified correctly as far as the state and federal governments are concerned. Read more to see if you may have a misclassification claim.
To qualify for the protection of federal (FLSA) or state labor law, an individual must be an “employee.” For this reason, companies will often classify workers as “independent contractors” so they are not subject to: meal and rest break, overtime, expense reimbursement, and minimum wage requirements. In California, intentionally misclassifying someone as an independent contractor can lead to large civil penalties, which an employee can recover under the Private Attorney General Act.
Generally, whether you have been correctly classified as an independent contractor hinges on how much “control” your employer has over where, when, and how you perform your work. The more control an employer exerts, the more likely someone should have been classified as an “employee.”
Even if your employer classifies you as an “employee,” some employees are considered “exempt” from labor code protections, such as meal and rest breaks, overtime, expense reimbursement, and minimum wage. Employers may properly classify employees as “exempt” if they fall into one of the established exemptions, which include:
- Executive exemption
- Professional exemption
- Administrative exemption
- Outside sales exemption
- Computer exemption
Each exemption has its own requirements that, if not met, would mean that the employee has been misclassified. Follow the links to learn more, or speak to our employment attorneys.
Talk to an Employment Lawyer
Think your employer has misclassified you? Call or message us for a free and confidential consultation.
us at 1-800-254-9493
us with the form to the right
Dylan Hughes concentrates his practice on investigating and prosecuting fraud matters on...
Steven Tindall has specialized in employment and class action litigation for eighteen...
Linda Lam focuses her practice on representing consumers, small businesses, and employees...
Steve Lopez represents consumers, employees, and whistleblowers harmed by corporate...
Our Reputation for Excellence
Girard Gibbs LLP has earned Tier-1 rankings for Mass Tort and Class Action Litigation and has been named in the U.S. News – Best Lawyers “Best Law Firms” list for four consecutive years since 2013.
We have recovered over a billion dollars for our clients against the world’s largest corporations in cases concerning auto defects, drug and medical device injuries, data breaches, securities fraud, antitrust matters, and employment law violations. Our advocacy has been nationally recognized by the courts, our peers, and our clients.