Employee Misclassification: A Scheme Against Poor Hard-working Employees

Employee Misclassification: A Scheme Against Poor Hard-working EmployeesFor business owners, making profit is one of, if not the most important thing that there is. Given a chance, business owners would want to cut on their spending so that they can extend their profits and they can grow their business faster. While not all businessmen are created equal, some can be a little bit too after the profits that they tend to forget to put the rights of their employees first before failing to provide the things that their employees should be enjoying in the first place.

Knowing Your Classification

Basically, there are two classifications of employees in the state of California. This is in compliance with the Fair Labor Standards Act (FLSA). Members of the workforce are classified depending on whether they are exempted or not for the state’s overtime pay laws. What are the criteria for determining if you are an exempt or non-exempt employee?

For people working in the administrative, executive departments, or those who work in the field, as well as certain computer employees are classified as exempt if:

  • You are paid on a salary compared to others who are paid per hour.
  • Weekly, you earn at least $455.
  • If you are being paid your full salary regardless of how much time you have actually rendered work.

On the other hand, you are a non-exempt employee if you earn less than $455 a week, or $26,660 annually. And that gives you the guarantee that you will receive overtime pay for the extra work that you put in for your employer.

Intentional Misclassification

Additionally, there are certain tests that needs to be met in terms of one’s job’s duties and responsibilities to be able to qualify for exemption from receiving overtime pay. This would generally be depending on your employer’s terms. Now this is where problems with the classification of employers come from. Some employers resort to employee misclassification and make you an exempt employee even if you fail to meet the requirements to be one. This is a convenient excuse for some scheming employers so they won’t be obliged to give overtime pay for the extra work you are putting in. This unfair practice has been going on for quite a while now and unfortunately, a lot of these scheming employers are getting away with these, until you stand up and fight for your rights.

What Can You Do To Stop Employee Misclassification?

As an employee, you should know what your rights are and that includes the wages and benefits that you should receive from your employers. You should be able to receive the wages for the work that you have put in for the company. Knowing your rights is just half the battle though. You need to ask for the help of an employment law attorney in California to help you file a complaint against your abusive employer. More than being able to get the wages you deserve, you can also protect others from these schemes of your employers.