Misclassification of Employees Attorney in Irvine, CA

Misclassification of Employees Overview

Misclassifying Employees as Exempt

When an employer labels an employee "exempt," it means that it can avoid paying this employee overtime pay and other benefits. The law firm of Marlin & Saltzman, LLP has been representing California clients for 25 years and counting. Our employment law attorneys can represent you if you have been misclassified.

To cut corners and minimize costs, some employers will mislabel their employees as:

• Independent contractors: If your working situation looks exactly like that of the salaried employees at your company except for your pay and benefits, your employer might be misclassifying you to cut costs.
• Technical writers: The line between status as a writer or "technical writer" is a grey one, contingent upon whether you have creative control over the writing. If your employer has misclassified you as a technical writer, it would hinder your ability to get overtime and other benefits.
• Supervisors or managers: Employers often get employees to agree to waive their right to overtime pay and other benefits for a job that has "manager" or "supervisor" in the title, when, in reality, the employee is not managing or supervising anything.

The state of California has stringent guidelines as to how employers are to classify their employees. At the law firm of Marlin & Saltzman, our attorneys are well versed in these guidelines. We can help you get compensation for these misclassifications.

What Can You Do on Your Own if You Have Been Misclassified?

Unfortunately, not much.

For many of our individual clients, the compensation for one person’s misclassification is not financially beneficial enough for it to be worth the cost of a lawsuit. If many employees from the same company are in the same situation, however, it is possible to pool resources in a class action lawsuit so that all of the employees can receive compensation for the employment law violation.

Call the experienced California class action employment attorneys of Marlin & Saltzman, LLP at 866-959-9552 for a free consultation.

Other Frequent Case Types

• Employee Vacation & Personal Time
• Independent Contractors
• Late Pay Claims

Areas of Practice

• Misclassification of Employees Attorney
• Employment Law - Employee