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How Can Employers Prevent Misclassification in Their Workplace?
Properly classifying workers is a critical responsibility for employers. Misclassification—whether intentional or accidental—can expose businesses to severe consequences, including lawsuits, financial penalties, and reputational harm. Beyond legal liability, misclassification deprives workers of essential labor protections and benefits, creating ethical and operational challenges. These seriously detrimental outcomes underscore the risks of non-compliance. Employers must take proactive steps to ensure accurate classification of their workers under evolving federal and state guidelines. Miller…
What Evidence Is Needed To Support A Misclassification Claim?
Misclassification as an independent contractor instead of an employee can deny workers vital benefits and protections, such as overtime pay, unemployment insurance, and Workers’ Compensation. Understanding and proving a misclassification claim can be daunting, especially given the complex legal landscape surrounding employment classification. Accordingly, the strength of any misclassification claim lies in the quality of the evidence presented. Miller Shah is committed to guiding misclassified workers through the legal process…
What Damages Can I Recover If I’ve Been Misclassified?
At Miller Shah, we believe correct employee classification is fundamental to securing workplace rights and protections. Proper classification as an employee or an independent contractor determines access to wages, benefits, and legal safeguards. Misclassification occurs when workers are inaccurately labeled as independent contractors, often denying them the rights they are legally entitled to as employees. For those affected, the financial and emotional consequences can be significant. Understanding the damages you…
What Steps Should I Take If I Believe I’ve Been Misclassified?Â
Accurate employee classification is more than a technicality—it serves as a foundation for workers’ rights and access to critical benefits. Proper classification determines eligibility for overtime pay, healthcare coverage, workers’ compensation, and other protections. Misclassification, whether intentional or accidental, can have far-reaching consequences for employees. If you suspect you’ve been misclassified as an independent contractor instead of an employee, Miller Shah can help you understand the steps you need to…
How Can I File A Wage And Hour Dispute?
Navigating the complexities of employment law can be daunting, especially when it involves wage and hour disputes. Wage and hour disputes often arise from common issues such as unpaid overtime, improper deductions, or misclassification. For instance, when a worker is wrongfully classified as an independent contractor instead of as an employee, she does not receive the benefits of minimum wage and overtime laws, often resulting in work performed without adequate…
When Should I Hire An Employee Misclassification Attorney?
In the ever-evolving landscape of employment law, the issue of employee misclassification is a significant concern for both workers and employers. Misclassification occurs when workers are incorrectly categorized, often as independent contractors rather than employees, a distinction that can have profound implications on wages, benefits, and job protections. Navigating these legal complexities can be daunting, and knowing when to seek the assistance of an employee misclassification attorney is crucial for…
How Does Misclassification Affect Workers?
Accurate employee classification is a critical component of employment law, serving as a foundation for the fair treatment and protection of workers. Correctly determining whether an individual is an employee or an independent contractor allows them to receive all the benefits and protections to which they are entitled under the law. Unfortunately, misclassification is a pervasive issue that can have significant repercussions for affected workers. Misclassification occurs when employers intentionally…
What Are the Most Common Types of Employee Misclassification?
Employee misclassification is a pervasive issue in the modern workplace, affecting both workers and employers. Misclassification occurs when an employer incorrectly categorizes an employee as an independent contractor or designates them as exempt. This improper classification can have significant legal and financial repercussions, impacting wages, benefits and protections under labor laws. Miller Shah LLP assists employees and employers navigate these complex issues. What is Employee Misclassification? Employee misclassification refers to…
What is the Difference Between Exempt and Non-exempt Employees?
While the Fair Labor Standards Act (FLSA) provides overtime and minimum wage protections for many employees, certain categories of workers are exempt from these protections. The distinction between exempt and non-exempt employees is a critical aspect of employment law impacting workers' rights and employers' responsibilities. Exempt employee misclassification can deprive workers of essential benefits, such as overtime pay, rest breaks and minimum wage protections. If you believe you have been…
What Can I Do if My Employer Violates Wage or Hour Laws?
Wage and hour violations compromise a wide variety of issues, including an employee’s earnings, rights, and overall wellbeing in the workplace. One of the most common ways employers violate wage and hour laws is by misclassifying workers as independent contractors rather than employees. This significant issue can impact wages, taxes, and benefits, as misclassified employees may be deprived of overtime pay, vacation time, meal breaks, workers’ compensation and other legal…
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