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We are dedicated to representing employees in lawsuits related to unpaid wages and overtime in California all non-exempt hourly employees must earn at least the minimum wage and must be paid time and a half for all hours in excess of eight hours per day or 40 hours per week workers who have been wrongfully denied overtime pay are entitled to recover not only their actual unpaid overtime wages due but may also receive reasonable attorneys fees costs interest and substantial penalties one of the most frequent types of cases we litigate is claims where an employer has misclassified an employee as exempt state and federal overtime regulations vary from industry to industry and employers often misclassify employees either intentionally or accidentally which results in a failure to pay overtime wages to the employees because there are so many exemptions that can apply and because the legal tests can be a bit confusing if you think you might be misclassified as exempt it is best to have an employment attorney evaluate your job duties and help you determine if you've been misclassified as exempt however some of the industries which we frequently see MIS classification as exempt and failure to pay overtime include mechanics plumbers retail managers software engineers bill collectors as well as many types of industries that pay on a piece rate or commission basis another type of unpaid wage claim we frequently deal with is related to the MIS classification of employees as independent contractors although workers who are truly independent contractors are exempt from overtime laws it is often difficult for people to distinguish between employees and independent contractors in order to determine if a worker is an independent contractor rather than an employee courts look at several factors some of these factors include the degree of control the employer maintains over how the worker does his job the amount of skill required in the occupation whether the employer or worker supplies the tools and place of work method of payment and whether the work is part of the regular business of the company whether the parties believe they are creating an independent contractor relationship some industries are known for continuously mischaracterizing their workers as independent contractors some examples include construction workers delivery drivers hospitality workers and computer programmers again the legal analysis on whether a worker has been misclassified as an independent contractor can be tricky if you believe you've been misclassified as an independent contractor and have been underpaid wages or overtime as a result it is best to contact an employment lawyer to assist you in evaluating your case California law is designed to protect employees who are misclassified as exempt or independent contractors and not paid all of their wages they are owed because of this an employee in California is entitled to file a lawsuit against their employer for damages resulting from...
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