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Employee Misclassification

Los Angeles Misclassification Lawyer

At the Leichter Law Firm, APC we have extensive experience in handling employment law disputes. Such employment disputes often consist of misclassification and wage and hour violations. It can often be confusing to determine whether you are exempt, non-exempt or an independent contractor, especially since companies misclassify their workers so frequently. In fact, recent California laws allow increased penalties to a company or employer that wilfully violates classification rules. If you believe wages and overtime have been inappropriately withheld by your employer, or have questions about your classification as an exempt employee who is not entitled to overtime, then you should consult an experienced employment law attorney. Employee Misclassification Is More Common Than You May Think

Many employers work under the misguided notion that salaried employees are not entitled to overtime. Just because you are a salaried employee does not mean you are not entitled to overtime. Whether you are entitled to overtime depends on the type of work you do, not the job title you are given or how you are paid (i.e. salary vs. hourly).

Exempt Employees - Do Your Duties Warrant Your Status?

If you have been classified as a manager, you rightly should expect to perform the duties of a manager supervising other employees. Managers, supervisors and other employees responsible for decision-making and increased responsibility will be considered “exempt.” If you are classified as a manager and your primary duties consist of stocking shelves, ringing up cash registers and similar tasks, you may have a misclassification claim.

What is a Non-Exempt Employee?

A non-exempt employee is entitled to overtime and other benefits where they are not paid an equivalent salary to compensate for additional hours required to perform their job responsibilities. Unfortunately, many employees who are actually considered “non-exempt” are classified as “exempt” to protect the corporation from properly paying out compensation for overtime.

Am I an Employee or an Independent Contractor?

The most important factors to determine whether you are an employee, rather than an independent contractor, are how much control the company has over your work and the extent to which your job is integrated into the company's business. Other relevant factors include your level of skill, whether you or the company provide your tools, equipment and workplace, how long you have worked for the company, and whether the company pays you like an employee or like an independent contractor.

Contact Our Law Office for Help with Your Employment Classification Claim

If your employer has wrongly classified you to save money on payroll, you have a right to bring a claim for damages. We can help you fight to protect you and your co-workers from your employer's illegal actions; call 818-915-6624 or email us for a confidential consultation with an experienced employment lawyer. Our office is located just west of downtown Los Angeles, in the mid-Wilshire area.


Our founding attorney is a member of the following organizations. Click an image to visit the organization’s site or learn more about additional online resources by visiting our site’s resource section.
Click to visit the Consumer Attorneys Association Los Angeles website Click to visit the website for Consumer Attorneys of California
Employment Attorney Aryeh Leichter is a member of the Los Angeles Bar Association.
Click to visit the San Fernando Valley Bar Association website
Click to visit the website for the California Employment Lawyes Association