Attorney Jean-Claude Lapuyade

Job Misclassification Can Take Money Out Of Your Pocket

If your current or former employer misclassified you as an “exempt” employee ineligible for overtime compensation, contact the labor and employment attorneys at the JCL Law Firm in California. Since 2010, our class-action litigation attorneys have recovered millions of dollars in backpay and penalties on behalf of misclassified California employees.

Our firm represents misclassified employees seeking to recover unpaid compensation throughout California, including San Diego County and Mission Valley.

What Is Misclassification?

Employee “misclassification” occurs when an employer improperly designates an employee as exempt from California or federal overtime requirements. Employee misclassification and wage-and-hour litigation go hand-in-hand. Federal and state laws mandate that employees classified as nonexempt must be paid overtime compensation for all hours worked in excess of eight hours per day or 40 hours per week. Employers must also provide nonexempt employees with meal breaks and rest periods, while employees classified as exempt are not entitled to such benefits.

If I Am Salaried, Am I Automatically Exempt From Overtime?

No. A common misunderstanding is that earning a salary means that your employer does not have to pay you overtime. Often, employers either intentionally or unknowingly misclassify nonexempt employees as exempt, thus avoiding requirements for overtime compensation and providing meal breaks and rest periods. Earning a “salary” does not automatically mean that you are an exempt employee. Misclassifying an employee is illegal.

Determining whether an employee is misclassified involves a fact-intensive analysis of the employee’s specific job duties and responsibilities. It is never as simple as an employee receiving an hourly wage vs. a salary for his or her work.

Do NOT Settle For Less Than You Deserve

Since 2010, the attorneys at the JCL Law Firm have resolved several wage and hour class actions arising from misclassified employees, resulting in millions of dollars of backpay for California employees. If you believe you are a misclassified employee, call us at 619-826-6975 for a free consultation. You may also contact us online.