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San Diego Employment Law Attorneys
Representing Misclassified Employees
At the San Diego employment law offices of Keegan & Baker, LLP, our lawyers work to protect employees from violations of their rights under existing labor laws. Wage and hour laws in California and throughout the U.S. make provision for overtime pay for workers who put in more than 8 hours a day or more than 40 hours a week. Exempt employees who do not have to be paid on a strictly hourly basis include professionals such as managers, administrative personnel and sales representatives.
Many employers therefore appear to try to bypass wage and hour laws by labeling workers as "managers," "salespersons" or "independent contractors", even though they actually perform the same tasks as hourly workers. This type of job misclassification enables the employer to require overtime work without compensating workers with overtime pay. Job misclassification of hourly workers as "exempt" professionals or independent contractors also allows the employer to avoid the expense and paperwork involved in providing paid meal and rest breaks as required by law.
Has your employer misclassified you as an independent contractor, as an assistant manager, even though your tasks are no different than those of a regular employee, or as an exempt commissioned salesperson? By labeling you in a misleading manner, your employer may have been deliberately taking advantage of you by requiring you to work overtime without pay, by ignoring wage and hour laws including legal provisions for meals and break times, by not taking your commissions into account for overtime pay and by not reimbursing you for expenses such as use of your car or cell phone.
Talk to a San Diego employment law attorney at Keegan & Baker, LLP, if you suspect that your employer sought to avoid paying you overtime by way of misclassification of your job. Contact us to schedule a no-obligation consultation. Learn about your wage and benefits rights and about how our lawyers may help you obtain compensation for pay that you were wrongfully denied through the misclassification of your position.
