MISCLASSIFICATION AS

EXEMPT EMPLOYEE OR

INDEPENDENT CONTRACTOR

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MISCLASSIFICATION AS AN INDEPENDENT CONTRACTOR

Has your employer issued a 1099 to you or misclassified you an “independent contractor”?  Are you performing work under their supervision?  Are they setting your hours/compensation? Are they directing your work? Are they supplying the tools?  The name your employer gives your relationship is irrelevant and analysis of these and other factors is necessary to determine if you are an employee or independent contractor under the law.

The employer misclassifies the worker as an “independent contractor.” Independent contractors typically work on a contract basis for other businesses. They are considered self-employed and do not receive overtime pay. Our attorneys handle lawsuits against employers who have either intentionally or unintentionally misclassified their workers as independent contractors despite the fact that they meet the definition of an employee and should receive overtime pay.

MISCLASSIFICATION AS EXEMPT EMPLOYEE

The employer misclassifies the employee as an “exempt” employee. Some employees are considered “exempt” from overtime pay and other federal and state pay provisions. This means they are not entitled to overtime pay when they work more than 40 hours a week. Unfortunately, employees can sometimes be wrongly classified as “exempt” either because their employer doesn’t understand the law or is trying to avoid paying overtime. For instance, an employer may promote a cashier to “assistant manager” without changing the worker’s job duties to claim that he or she is an “exempt” manager and therefore not entitled to overtime wages.

In addition to representing employees in Santa Ana, CA, our attorneys represent clients all over California including the following counties: Ventura, San Diego, Riverside, San Bernardino, Orange County, and Los Angeles, CA. To schedule a free, no obligation consultation with one of our experienced attorneys, contact us 24 hours a day.

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Irvine Law Group, LLP

Unpaid Wages Attorneys, Employment Law Attorneys, Unpaid Overtime Attorneys, and Sexual Harassment Attorneys in

Los Angeles, CA; Orange County, CA; Santa Ana, CA; Irvine, CA; Ventura, CA; San Diego, CA; Riverside, CA; San Bernardino, CA

Phone: (949) 653-1200

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