Los Angeles Employee Misclassification Lawyer

Los Angeles Employee Misclassification Attorney

How your employer classifies you may seem unimportant — until you are denied overtime pay, workers’ compensation or another legally protected right enjoyed by full-time employees in Los Angeles and throughout Southern California. If you have been the victim of employee misclassification, you need forceful legal representation to get the wages and benefits you deserve.

The Law Offices of Reisner & King LLP‘s employment law attorneys represent workers who have suffered damages due to being misclassified as a contractor or part-time employee. Our firm only represents employees and we will work diligently to resolve your case positively. Call 818-981-0901 to speak with one of our lawyers today.

Am I An Employee Or Not?

Whether you should be classified as an employee or an independent contractor depends on many factors.Here are few questions we often ask our clients:

• Do you work for one employer exclusively, or do work for more than one company?
• Do you set your own work hours, or are you expected to work a set time period?
• Does a supervisor control your work duties and how you go about your job?

Whether you are being treated as an employee or a contract worker matters. Under California law, contractors are not entitled to:

• Minimum wage
• Overtime pay
• Workers’ compensation
• The right to join a union
• Unemployment insurance

You may not be aware of what your company has done until you try to invoke one of your rights as an employee. We will help you stand up for your rights in court if that is what it takes. We are always prepared to litigate an employment law dispute to verdict.

Understanding Employee Misclassification in Wage and Overtime Disputes

Federal and California laws mandate the payment of overtime for employees who are classified as nonexempt. Employees who are classified as exempt are generally not entitled to overtime pay, though there are exceptions to this rule. Many employers in California knowingly misclassify employees or independent contractors to avoid having to pay them overtime. Other employers are simply ignorant of overtime laws or misapply those laws.

The result? Many employees in the Los Angeles area and elsewhere in California who are entitled to receive overtime pay do not get it. Over a period of years, this can amount to tens of thousands or even hundreds of thousands of dollars for each employee who is denied overtime pay.

If you believe that you are entitled to overtime pay but are not getting it, call the Law Offices of Reisner & King LLP at 818-981-0901. In a free consultation, an attorney can review your situation and discuss your legal options.

Exempt And Nonexempt Employees

The rules for determining the status of exempt and nonexempt employees are complex. Generally speaking, to be exempt, the employee must exercise independent judgment when performing job duties and be paid at least two times the minimum wage for full-time employment. There are other tests as well. Only through careful investigation and analysis can your status be determined.

If you receive a salary or have the title “manager,” you are not necessarily an exempt employee. In reality, you may actually be a nonexempt employee and entitled to overtime pay.

Lawyers Seeking Maximum Compensation For Employees

At Reisner & King, we have been representing employees in employee misclassification and wage and hour claims since 1999. We understand the many complex aspects of these cases and will put our experience and knowledge to work for you.

If we believe your case has merit, we will seek maximum compensation for you as allowed by law. This could include time and a half for the hours worked, past unpaid benefits and attorney fees. We represent employees in such cases on contingency, so there is no risk for you.