California Misclassification Lawyer

Employee misclassification is a significant issue that affects both workers and employers. It occurs when an employer incorrectly categorizes a worker as an independent contractor instead of an employee, or misclassifies an employee as exempt from the protections of the Fair Labor Standards Act (FLSA). This misclassification can have profound implications on wages, benefits and overall worker welfare. At Miller Shah LLP, we believe understanding this issue is crucial to ensure that workers enjoy all the rights to which they are entitled and that employers remain compliant with evolving laws. Our California misclassification lawyers work hard to spread awareness of these issues and deliver quality legal representation to misclassified employees. 

Understanding Misclassification in California

Properly classifying workers is not always straightforward, but it is important.  Although misclassification is generally an issue governed by state law, the FLSA sets forth helpful criteria to determine employee status, focusing on aspects such as the degree of control the employer has over the worker, the permanency of the relationship, and the nature of the work performed.  Whether it occurs as a result of honest misunderstanding or deliberate action to reduce costs, misclassification can have series consequences.

Common Types of Misclassification

Employee misclassification can take various forms, the most common of which include:

• Independent Contractors vs. Employees: Employers may label workers as independent contractors to avoid providing benefits such as health insurance, overtime pay, and other protections afforded to employees.
• Exempt vs. Non-Exempt Employees: Within the employee category, workers may be misclassified as exempt from FLSA overtime provisions, thus denying them earned pay for extra hours worked.  This misclassification is often determined by an employee’s title, job responsibilities, or method of compensation.

Preventing Employee Misclassification: Actions for Employees

If you believe you have been misclassified, there are important steps you can take to strengthen and preserve your claim.  You may consider taking the following actions:

1. Document Your Work Conditions: Keep detailed records of your job duties, working hours, and any communications with your employer regarding your classification.
2. Consult an Experienced Attorney: An attorney skilled in employment law can provide guidance on whether you have been misclassified and how to proceed.
3. File a Claim: If you decide to take legal action, you can file a claim for lost wages and benefits. In some cases, there may be opportunities to start or join a class action lawsuit with similarly affected employees.

Miller Shah: Experienced Misclassification Attorneys

If you do decide to take legal action regarding a misclassification issue, end your search for a California misclassification lawyer with Miller Shah. Miller Shah is a nationally recognized law firm with extensive experience handling complex misclassification cases. Our accomplished attorneys have successfully represented misclassified workers in lawsuits challenging violations of state and federal statutes, including the FLSA.

Our sophisticated legal team offers:

• Successful Class Action Suits: Our team handles high-stakes class action lawsuits that address widespread misclassification issues.
• Comprehensive Legal Support: We provide sophisticated legal counsel to untangle the complexities of misclassification.
• Nationwide Presence: We serve clients from multiple office locations across the United States, delivering wide-reaching support.

Call Our California Misclassification Lawyers for Support

Employee misclassification is a critical issue with far-reaching consequences for both workers and employers. If you suspect that you have been misclassified, taking prompt action is vital. Miller Shah is dedicated to providing top-tier legal support to address misclassification and ensure that justice is served. Contact our California misclassification lawyer to schedule a confidential consultation and learn more about how we can help you navigate this complex legal landscape.