We Combat Employee Misclassification in Los Angeles, California with Skill and Dedication to Justice
Our Los Angeles employment lawyers protect your rights
Classification is essential in determining employees’ legal rights and benefits and establishing the responsibilities of employers with regard to workers. If individuals are misclassified — for example — as independent contractors instead of employees — they lose valuable benefits such as overtime pay, workers compensation and unemployment benefits.
At The Ruttenberg Law Firm, PC in Los Angeles, we bring practical experience, passion for justice and creative problem-solving skills to ensure you are properly classified. We help recover your applicable benefits under the law. Because one of our attorneys serves as counsel for employers, we have critical insight into employer actions that helps us achieve just results in complex employment situations.
Minimum wage disputes: exempt and nonexempt employees
There are three basic employment classifications:
- Exempt employees are exempt from federal and state laws governing, among other aspects of the job, overtime pay, minimum wages and employer timekeeping. Top-level executives, for example, are generally classified as exempt employees.
- Nonexempt employees are entitled to benefits such as overtime pay and minimum wages. Employees are presumed to be nonexempt unless they can prove their job responsibilities and salary meet certain legal requirements.
- Independent contractors control their hours, places of work, business tools and other elements of job implementation. They are generally compensated according to timelines and schedules and often work on a per-project basis.
When Los Angeles employers misclassify employees — either purposefully or in error — they may deal with stop-work orders and face serious penalties. Many employers reclassify their workers as independent contractors to avoid the costs of workers’ compensation, overtime and certain taxes, among other expenditures. When misclassification occurs, employees may be entitled to relief and remedies. These include:
- Back wages
- Meal and break reimbursement
- Overtime compensation
- Workers’ compensation
- Unemployment benefits
Employees who suffer the consequences of misclassification may also seek remedies for discrimination and harassment, if appropriate.
Failure to pay overtime in California
When employees are misclassified as exempt or as independent contractors, they may work many hours beyond the regular workweek without receiving proper compensation. At The Ruttenberg Law Firm, PC, we recover overtime wages for which employees were not compensated. To learn more about the laws governing overtime pay requirements and required break periods on the job, please see our page on hour and wage disputes.
Contact Los Angeles lawyers with the experience to get results
With each attorney bringing nearly 20 years’ experience to the table, we have a sterling reputation among judges and other attorneys in Los Angeles. Our lawyers at The Ruttenberg Law Firm, PC assist many clients in obtaining just compensation and proper reclassification. To learn more about the services we provide to you at no cost until we resolve your case, contact us online or call (310) 979-7080 today for a free initial consultation. We are conveniently located near UCLA.