he employer-employee dynamic should be built on trust and a mutual understanding that proper agreed-upon compensation will be given for the work that is done. While not every employee is classified in the same way, California law sets clear guidelines for how every employee should be paid.
If you believe that your employer has misclassified you and has not been paying you properly as a result, you should contact an experienced employee attorney at Blackstone Law. We may be able to help you obtain the compensation you deserve.
Employee classifications are governed by the Fair Labor and Standards Act (FLSA) and California Labor Code Section 2750.3. Whether intentionally or mistakenly, employers sometimes misclassify regular, hourly employees as independent contractors, non-hourly, managerial, or exempt.
An employer might intentionally misclassify employees. The employer’s motivation for misclassification is usually based on the following:
- Avoiding the costs of employee benefits and taxes, such as overtime pay.
- Avoiding the laws governing fair wages, meal and rest breaks, safety, employment discrimination, etc.
If your employer has misclassified you, you should speak with an experienced attorney.
There are several different types of misclassified workers. Some of the most commonly misclassified workers include:
- Restaurant workers
- IT workers
- Health care workers
- Customer service workers
- Construction workers
- Gig workers
Some employers are simply unfamiliar with the law and prefer to treat their workers as independent contractors in order to keep things simple. When classifying employees as independent contractors, employers do not have to deal with complicated payroll issues.
Employees that have been misclassified could recover large sums in stolen wages, reimbursements, penalties, and interest. Additionally, the seasoned attorneys at Blackstone Law have a proven track record of recovering the following for our clients:
- Unpaid local or state minimum wages
- Unpaid overtime wages
- Reimbursement for work expenses (phone, uniform, mileage reimbursement, and other expenses)
- Penalties for failing to pay you any owed wages (such as overtime) when the job is over
- Penalties for failing to provide you with a compliant paystub/wage statement
- Penalties for failing to notify you of your paid sick leave rights
Furthermore, if you have experienced wrongful termination, retaliation, or discrimination, our attorneys could pursue a wrongful termination claim on your behalf. You could potentially recover the following damages:
- Lost back pay
- Emotional distress
- Punitive damages
In these types of cases, an employee may be entitled to hundreds of thousands or millions of dollars in damages.
At Blackstone Law, the foundation of our practice is a genuine compassion for those brave enough to speak out. As Los Angeles employee misclassification lawyers, we constantly strive to uphold the rights of the individual, as guaranteed by the justice system.
An employer betrays the employer-employee relationship when they misclassify an employee to avoid paying fair wages or to get around current laws. The legal team at Blackstone Law has years of employment law experience and understands the exemptions and requirements of employers with salaried employees. If you are employed in the city of Los Angeles and feel that you have been misclassified by your employer, please call us today at (310) 956-4054 or visit our website to schedule a free consultation.