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Franklin Employment Law Group, LLC
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Handling Employee Misclassification Claims For East Bay Employees

Helping You Understand Your Classification As An Employee

Under the law, employers do not have to pay workers overtime pay if they are labeled as exempt workers.

However, oftentimes, workers are wrongfully misclassified. They are classified as independent contractors or salaried employees, but shouldn't be, and are thus entitled to overtime pay if they work over 40 hours a week.

Independent Contractors Vs. Employees

Many companies hire independent contractors to perform specific job duties for a set amount of time. Independent contractors are not employees of the company. But problems can arise when employers treat independent contractors like regular employees.

An employer can face tax and other consequences if found to be violating these laws, and a misclassified employee may be eligible for unpaid overtime.

Hourly Vs. Salaried Employees

There are very clear lines that separate hourly from salaried (or exempt) employees. One of the most obvious is that of overtime pay. Hourly employees are generally expected to work 40 hours per week. Any time over that would be considered overtime. Salaried employees, on the other hand, are generally expected to work as long as it takes to get the job done. Overtime is generally not offered.

If you are an employee who has been incorrectly classified, you could be eligible to receive back pay.

Decades Of Experience Helping Employees Receive Proper Wages And Compensation

At Franklin Employment Law Group, LLC, our attorneys, Eugene Franklin and Barbara Green, have helped many people in Hayward in your same situation.

With decades of combined experience, we know how to take the proper legal action for those with wage and hour claims.

Questions? Do Not Hesitate To Contact Us.

This is a confusing area of the law. Contacting a lawyer experienced in these matters is essential to getting you the compensation you deserve.

Reach out to us — even if you have a question. We can explain the law in greater detail and how it could apply to you.

Call 510-244-3354, or send us an email.

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