Misclassification of Employees in California?

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Although most employers strive to comply with employment regulations, unfortunately, some fail to meet these requirements, either intentionally or unintentionally.  One area where employers sometimes miss the mark is in classifying employees as exempt, even when they should be nonexempt.  By doing so, employers may save money in overtime wages, for example, which they are often forced to re-pay when the error is detected.  If you are unsure about whether your or someone else has been misclassified as exempt, you should retain the assistance of a San Diego employment attorney.

Exempt vs. Nonexempt Employees

An exempt employee is generally one who is paid a salary regardless of the hours worked.  Some examples include individuals who work in management, professional, or administrative capacities. 

Non-exempt employees, on the other hand, are typically paid an hourly rate.  These employees are entitled to overtime pay for any work over 40 hours, as well as meal and rest breaks, among other protections.

Misclassification as an Exempt Employee

A job title alone is not determinative of someone’s exempt status.  An employee’s classification is based upon the specific tasks that employee performs.  Accordingly, an employee who is named a manager but who does not actually manage other employees may not be an exempt employee under California law.  Misclassified exempt employees or independent contractors may be entitled to the following:

• Unpaid overtime wages
• Pay for working off the clock
• Compensation for working through meal breaks
• Unpaid vacation, sick and personal leave
• Reimbursement for business expenses.

For assistance with a misclassification claim or for issues surrounding San Diego legal employment issues, you should contact a San Diego labor and employment lawyer familiar with the laws surrounding the classification of exempt and non-exempt employees.

Providing Legal Assistance to Generations of San Diego Employers and Employees

At Pope, Berger & Williams, LLP, we have more than 70 years of experience in a wide variety of employment claims, including misclassification of workers as exempt employees.  We represent not only workers who have been wronged by the employers, but also employers who need assistance complying with state and federal employment regulations. Contact a San Diego employment attorney at Pope, Berger & Williams, LLP, today for further assistance with your employment law needs.