Certain classes of employees are exempt from overtime under California labor statutes. However, many thousands of people are misclassified by employers, often in a calculated ploy to avoid paying overtime. Whether a misclassification was intentional or not, those employees may have a considerable claim for unpaid overtime. A San Francisco employee misclassification attorney can work to hold your employer responsible for your lost wages.
The employment law attorneys at The Armstrong Law Firm have experience and success in wage and hour cases, including recovery of back pay for employees misclassified as exempt. Contact us today if you believe you are wrongly classified as exempt from overtime.
Employee Misclassification in San Francisco, Oakland, San Jose or Marin County
California’s minimum wage and overtime laws are favorable to hourly employees. There is a strong incentive for employers to classify employees as exempt from overtime. If you are paid on a salary and work more than 40 hours per week, this likely translates to hundreds of unpaid hours over the course of a year if you are misclassified.
However, the statutes are fairly specific regarding the criteria for exempt versus non-exempt status. Classification is not based on your job title but on your job duties, your autonomy and several other factors. Our experienced San Francisco hour and wage attorney can determine if you are legitimately classified as exempt or if you are misclassified. If you should rightfully be classified as a non-exempt employee, we will vigorously pursue the back wages and penalties you are owed.
We welcome unpaid overtime class action cases arising from misclassification, including:
- Administrators, executives and professionals
- Managers and assistant managers
- Salespeople (outside sales)
- Computer programmers, software engineers and IT technicians
- Independent contractor vs. employee status
Whether you require an independent contractor misclassification attorney in San Francisco or have been denied the right to take your legally protected breaks at work, we can help.
Contact Our Bay Area Unpaid Overtime Lawyers
We have represented employees in individual claims and class action lawsuits. For a consultation with one of our San Francisco employee misclassification attorneys, call The Armstrong Law Firm at (415) 909-3945 or contact us online.