Misclassification: Exempt, Non-Exempt, & Contractors

Many wage and hour claims start with an employer's improper classification of a worker's position or employment status. Employers routinely misclassify employees in order to protect profits and avoid the costs of employee benefits and taxes.


Employee misclassification can take several forms. Some of the most common include:


  • Treating employees as independent contractors to avoid paying benefits

  • Classifying employees as "exempt," or salaried when you should be classified as "non-exempt" or hourly, meaning that your employer does not compensate you for overtime


The law for determining whether someone is an "employee" or "independent contractor" or "exempt" or "non-exempt" depends on a multitude of factors. Due to the complexity of the law, your best recourse is to speak with an experienced attorney at The Sampath Law Firm who will be able to determine whether you have been misclassified and are owed additional compensation. Contact our office for guidance and to see if you have a potential case.

Disclaimer: This website is intended for informational purposes only and is not intended to create an attorney-client relationship or serve as a substitute for legal counsel. If you are in need of specific legal advice, please contact an attorney immediately. While we have achieved great results for many of our clients, we cannot guarantee the outcome of your potential case.

PHONE: (415) 231-5855

FAX: (415) 202-6467
1939 Harrison Street., Suite 290
Oakland, CA 94612

Privacy Policy | Copyright © 2018 | The Sampath Law Firm