Merced Employee Misclassification Lawyer

Merced Employee Misclassification Attorney

California’s worker classifications determine your right to minimum wage, overtime, and breaks. It can also impact your unemployment benefits or workers’ compensation rights. When employers misclassify employees as independent contractors or exempt workers, they often do it to reduce labor costs. That’s where a Merced employee misclassification lawyer from Asbill Law Group can protect you.

Our team understands California labor law and how some employers try to skirt around it. We can fight to make sure you receive the wages and benefits you’re legally owed.

What Constitutes Employee Misclassification?

Employee misclassification occurs when a worker is labeled incorrectly by their employer. The two most common types of misclassifications include:

• Independent contractor misclassification. This is when a worker who meets the criteria of an employee is classified as an independent contractor, which keeps them from receiving benefits and protections under California’s labor law.
• Exempt vs. non-exempt misclassification. This is when an employee is labeled as exempt from wage and hour laws.

Misclassifying workers can deny them certain rights. These may include:

• Overtime pay
• Minimum wage
• Meal and rest breaks
• Workers’ compensation benefits
• Paid sick leave
• Unemployment insurance
• Employer contributions to Social Security and Medicare

The U.S. Department of Labor discovered that 10-30% of audited employers have misclassified workers. California faces some of the most frequent reports of misclassified employees, particularly in the construction industry. The state claims that misclassification costs reach $7 billion annually.

Asbill Law Group can assess your job responsibilities and the level of control you have over your work. We can also look at how you’re paid to determine whether there are any discrepancies or misclassifications under California or federal law standards.

California’s Worker Classification Law

California has some of the strictest worker protections in the United States. The ABC test determines how workers are classified in the state. A worker is presumed to be an employee unless the employer can prove that all the following are true:

• The worker performs tasks outside the usual course of the company’s business.
• The worker is free from the company’s control and direction in performing their work.
• The worker is generally engaged in an independently established trade, business, or occupation.

For salaried employees, the California Labor Code and federal Fair Labor Standards Act determine if someone is exempt from overtime pay. However, just because you’re paid on salary does not mean you’re exempt from wage protections.

Damages in Misclassification Cases

If you’ve been misclassified by your employer, you may be eligible to seek compensation for a wide range of damages. These can include:

• Unpaid wages, including back pay for regular and overtime hours you did not receive
• Meal and rest break penalties, such as compensation for missed legally mandated breaks
• Reimbursement for expenses you were forced to pay, such as costs for tools, supplies, or gas
• Interest and liquidated damages to further penalize the employer for willful violations
• Attorney’s fees and costs

California may also impose penalties against your employer. The money owed to you because of misclassification can add up quickly. At Asbill Law Group, we can pursue every avenue to recover what you’ve worked so hard to earn.

What Should You Do If You’ve Been Misclassified?

If you suspect that you may have been misclassified by your employer, get legal help. In the meantime, you can take the following steps to begin recovering what you’re owed.

• Keep records. These include saving pay stubs, emails, work schedules, contracts, and job descriptions. Such documents can prove your true classification status with your employer.
• Document the hours you’ve worked. Independently track your time. Be sure to include unpaid overtime, missed breaks, and when this occurred.
• Contact an employment lawyer. Getting legal advice early on can protect your rights and prevent misclassification from continuing.

Don’t assume you’re stuck if you agreed to a contract or signed on as a 1099 worker. You still may have a valid claim if your daily duties and hours fall under certain legal limits.

The team at Asbill Law Group can explain your rights and classification status. We can guide you through the process and fight to hold your employer accountable.

FAQs

How Much Can You Claim Against an Employer for Misclassification in California?

In California, the amount of money you can file for a misclassification claim varies based on the number of violations and the length of employment. Employees can claim for unpaid overtime, missed meal and rest breaks, and unreimbursed business expenses. Penalties and back pay can add up quickly. The employer may also need to pay punitive damages for their willful misclassification.

How Much Does an Employment Lawyer Cost in California?

The cost of hiring an employment lawyer varies. The lawyer’s experience greatly determines how much they charge for services, as does the location. More complex cases require more of the attorney’s time and increase their price. Meanwhile, simple cases may be resolved quickly. In some cases, they may only charge a contingency fee, which is a percentage of the settlement amount won.

How Much Is a Settlement for Misclassified Employees?

In Merced, settlement amounts in misclassification cases depend on many factors, including unpaid wages, interest, and penalties. Class action settlements tend to be higher, as they are split between more employees. Damages may include unpaid overtime, missed meal and rest breaks, and tax penalties. The employer might also be liable for punitive damages under California’s Labor Code and Private Attorney General Act, which can include paying additional fines.

What Is the Misclassification Statute in California?

In California, misclassification laws are governed by labor codes and clarified by the ABC test from Assembly Bill 5. The ABC test establishes that a worker is an employee unless the employer can prove that the worker is free from control or working outside the usual business of the employer. They must also be independently established in that trade. Employers misclassifying workers may face fines, penalties, and legal claims.

Contact a Merced Employee Misclassification Lawyer

If you may have been misclassified as an independent contractor or exempt from your employee status, you have recourse. Don’t let any more of your rightful wages and rights be taken away.

Contact Asbill Law Group today to schedule a consultation. Our Merced employee misclassification lawyers can explain your rights and take the necessary action to get you what you’re owed.