Are you or have you ever worked in a career where it felt like your job duties were unclear or didn’t match the description you were given? Now that more people are working from home, freelancing, and serving as independent contractors, job titles and responsibilities have become even more potentially perplexing. This—and other factors—has led to some employers choosing to protect their bottom line at the expense of their employees through the process of misclassification.
If you believe that you, a coworker, or a loved one has been misclassified by their employer in order for them to wrongfully benefit from your hard work, contact Manfred, APC. Our San Diego misclassifications attorney Manfred Muecke has been protecting the rights of California workers for nearly two decades. He understands how to help you build a strong claim that will help you receive the compensation you deserve.Misclassification occurs when an employer wrongfully labels one or more workers on purpose in order to benefit in some way. Under California employment law, employees are generally classified as “exempt” or “non-exempt”—other workers may be given labels such as “independent contractor.” For example, an employee may be wrongfully classified as an “independent contractor” or “exempt”. Independent contractors are responsible for paying all federal and state payroll taxes; while non-exempt employees must be paid on a wage and hourly basis. whereas exempt employees do not. This practice can allow employers to avoid paying unemployment and other taxes on their workers, as well as from covering employees with workers’ compensation and unemployment insurance.
A worker who has been misclassified as an independent contractor or exempt may be able to file a lawsuit against their employer for damages such as unpaid wages, interest, and attorney’s fees.
