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One of the ways certain employers try to cheat the system for profit is by misclassifying employees as “exempt” from certain rights and privileges, such as overtime pay. Some employers may intentionally misclassify employees, as a way to defraud the system. Others accidentally misclassify employees when they fail to pay enough attention to their operation. Either way, employees who don’t receive the pay or benefits they deserve by law can fight for compensation with help from Los Angeles employee misclassification lawyers.
The Law Office of Omid Nosrati has been in the business of helping Southern California’s employees for over 15 years. In all this time, we’ve maintained a perfect five out of five client rating on various national rating services, including Yelp.com and Avvo.com. Mr. Nosrati has years of experience fighting for misclassified employees and understands the complexities of employment law. If you need to file a claim against your employer for misclassification, we are the firm for you.
The federal Fair Labor Standards Act (FLSA) classifies employees as either “exempt” or “non-exempt” in terms of overtime and minimum wage payments. Under the FLSA, non-exempt employees are eligible to receive at least the minimum wage for each hour worked, plus overtime (time and a half) for every hour worked over eight per day or 40 per workweek. There are exemptions to the rule, including employees who meet certain salary tests – however, exemptions are rare. The majority of employees in California are non-exempt from FLSA rules.
Classifying a non-exempt employee as “exempt” means the employer has the right to pay the employee below minimum wage, below overtime payments, or no overtime pay at all. An employer might get away with this and reduce the amount he or she has to pay a worker if the employee doesn’t realize the error exists. It takes a careful eye to detect employee misclassification. You might not realize your employer’s mistake or intentional error for weeks, months, or even years upon employment – at which time you could learn that your employer owes you thousands of dollars in unpaid wages.
Red flags that your employer has misclassified you include the fact that you receive hourly wages instead of annual salary. If you’re part-time and your salary is below $455 per week, you are also non-exempt. If your employer never properly performed a salary or duties test to classify you as exempt or non-exempt, misclassification is likely. You must satisfy both types of tests to qualify as exempt. If your employer used only your job title to classify you, this is not enough. The same is true if only your college degree classified you. Again, your employer must conduct both official tests to figure out your classification – no more, no less.
Employee misclassification as exempt can disqualify you from making California’s minimum wage and receiving overtime payments. This can amount to thousands of dollars your employer owes you from years of misclassification. If you believe your employer has misclassified you, or you know this to be true, hire our attorneys to recover the money your employer owes. A lawyer can protect your rights and fight for maximum compensation. Talk to one of our Employment Attorneys in Los Angeles about how we can help during a free consultation. Call (310) 553-5630 to schedule yours.