A common example of misclassification involves an employee who is a salaried manager with few management duties. Employers do this in order to avoid payment of overtime. Another example is a worker designated as an independent contractor, but every aspect of their employment is controlled by the employer.
It’s illegal to misclassify an employee. And it can cheat the employee out of pay and benefits. Many employers have been held accountable for misclassification and the damage it causes, yet the practice continues.
By bringing together many people who have been affected by an employer’s misclassification, class action lawsuits can shine a spotlight on illegal employer practices — and obtain back pay and benefits for the affected workers.
Contact us if you feel you or someone you work with is the victim of misclassification.
Has your employer told you that you are now a manager, but your job doesn’t change? When an employee has no managerial responsibilities or powers (or very few) and is doing the same work but is now exempt — exempt from overtime pay, that is unfair and illegal.
Employers will sometimes hire contractors. Because they are independent contractors, they are not entitled to employee benefits. That saves the employer money. But if the contractor is treated like an employee — must work in the office, must work certain hours, for example — the contractor should have employee benefits. Calling someone a contractor, but treating that person like an employee is unfair and illegal.
If you are a manager in name only or a contractor in name only, you are not getting the benefits and protections you are entitled to because your employer misclassified your job. The employer probably has a pattern of doing this.
A class action lawsuit could solve the problem and send an important message to your employer and others. Contact us and tell us about your situation.