Getting a new job is exciting, especially if you have been in the market for a new position to further your career. The onboarding process can feel tedious; however, it is a necessary step for all new employees to go through once they begin working for a new employer.
Documents contain information about the position, job duties as well as the classification of the employee along with their pay rate or salary. While this information is important to the new employee, if an employer made an error with the classification of the employee, this could present wage issues for the employee.
Misclassification
Misclassification occurs when If an employer incorrectly classifies an employee as exempt, it is considered misclassification. With regard to the term exempt, this means they are exempt from California or federal overtime requirements. Thus, when an employee who should have been designated as non-exempt is classified as exempt, this could result in wage-and-hour litigation matters.
At JCL Law Firm, our attorneys understand the frustration and deceit an employee feels when they are misclassified by their employer. This is why our law firm is dedicated to guiding employees about their rights and how to obtain the overtime compensation that the employer owes the employee through federal and state laws.
Legal rights
Whether it was intentionally or accidentally, when an employer misclassifies a nonexempt employee as exempt, this presents legal issues concerning overtime compensation, meal breaks and rest periods. As such, an employee has the legal right to seek backpay and damages to resolve the wage-and-hour matter.
It is not always clear when a misclassification occurs. It is not simply assessing if an employee is hourly or salary. Thus, if you suspect misclassification occurred, it is imperative to take steps to better understand the legal issues at hand.