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.