Pasadena Employee Misclassification Attorney

Serving Pasadena, Arcadia, the San Gabriel Valley, and Surrounding Areas

Employees might be classified as either non-exempt or exempt. While exempt employees are not paid overtime, non-exempt employees are. Classifying someone as an employee is more complicated than it first appears. In actuality, a large number of businesses have purposefully or unintentionally misclassified employees, depriving them of pay and benefits.

Our skilled Pasadena employment attorneys at the Law Offices of Paul P. Cheng & Associates are well-versed in both state and federal labor regulations. We've worked on manny employment law cases, representing both companies and employees. If you believe you have been wrongly classified, our experts can assist you in determining whether you are an exempt or non-exempt employee and in taking legal action against the company you work for. We can also provide materials and guidance to companies to help them avoid misclassification and comply with labor regulations.

Call (888) 356-4937 or contact us online to learn more about how our qualified employee misclassification lawyers in Pasadena at the Law Offices of Paul P. Cheng & Associates can help you.

What Is Employee Misclassification?

When an employer misclassifies an employee, it means that the employee should have been classed as a non-exempt employee but was instead labeled as an independent contractor or an exempt employee. It is possible for an employer to intentionally misclassify employees in order to evade paying taxes, overtime, or benefits. It might also happen unintentionally because of a lack of knowledge about labor regulations.

There are several signs that an employer has misclassified an employee, including:

• The employee is not receiving overtime pay when they work more than 8 hours a day or 40 hours a week

• The employee is not receiving meal breaks or rest periods

• The employee is not receiving minimum wage

• The employee is not receiving benefits

• The employee is not receiving reimbursement for business expenses

If you are an employee who has been misclassified, you are not receiving the pay and benefits you are entitled to. You have the right to take legal action against your employer to recover unpaid wages, penalties, and interest. Our skillful Pasadena employee misclassification attorneys can help you file a claim and guide you through each step of the legal process.

What Are Exempt Employees?

Exempt workers are not eligible for overtime compensation. They are primarily salaried employees who handle executive, administrative, or professional responsibilities. Exempt employees typically have more discretion over their work and are not monitored as thoroughly as non-exempt employees.

Exempt personnel may carry out the following duties:

• Manage the business or one of its departments.

• Supervise at least two employees.

• Possess the authority to hire, fire, and promote personnel.

• Use autonomous judgment to make judgments and solve challenges.

• Perform duties requiring specialized knowledge.

• Perform tasks that involve discretion and judgment.

As of 2024, exempt employees must earn at least $66,650 (twice as much of minimum wage) each year. However, some employees are exempt regardless of how much they earn, such as doctors, lawyers, and teachers. Exempt employees are also entitled to meal breaks, but not all are entitled to rest periods.

What Are Non-Exempt Employees?

In California, for any hours worked in excess of eight hours per day or forty hours per week, non-exempt employees are qualified for overtime pay. Typically, these workers are paid hourly and take on manual labor or typical administrative responsibilities. Non-exempt employees generally do not have as much control over their work duties and are monitored more closely than exempt employees.

Non-exempt employees may additionally be allowed other benefits, such as food breaks, rest times, and reimbursement for business expenditures. If you are a non-exempt worker and you are not being compensated properly or are not receiving benefits that you are legally entitled to, our employee misclassification lawyers in Pasadena can assist you in filing a lawsuit against your employer to recoup missed wages, fines, and interest.

What Are Independent Contractors?

Independent contractors are not considered employees. They work for themselves and have a greater level of control over their work. Independent contractors determine their own hours and how they perform their work. They also have the ability to work for multiple clients and can hire subcontractors to help them complete projects.

The same advantages that employees are entitled to, such as overtime compensation, food breaks, and rest intervals, are not extended to independent contractors. They are also liable for their own taxes and are not entitled to any employment benefits. However, a worker may be eligible for the same benefits as employees if their employer improperly designated them as independent contractors when they should have been classified as employees.

Why Hire An Employee Misclassification Lawyer in Pasadena?

If you are an employee who has been misclassified, you are not receiving the pay and benefits you are entitled to. You have the right to take legal action against your employer to recover unpaid wages, penalties, and interest. The Law Offices of Paul P. Cheng & Associates can help you file a claim and guide you through each step of the legal process.

If you are an employer who is uncertain whether your employees are classified correctly, you could be at risk of a lawsuit. We can help you evaluate your employees' exemption status and ensure compliance with labor laws. We can also provide you with resources and advice to prevent misclassification and protect your business from legal action.

At the Law Offices of Paul P. Cheng & Associates, our experienced employee misclassification attorneys are committed to providing each and every one of our clients with the personalized and effective legal services they deserve. We will work closely with you to fully understand your unique situation and help you obtain a just outcome.

Call (888) 356-4937 to schedule a consultation with our employee misclassification and exemption lawyers in Pasadena.