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Pennsylvania Employee Misclassification Lawyers

Home/Pennsylvania Employee Misclassification Lawyers

Employee misclassification is a pervasive issue with significant ramifications for both workers and employers. Misclassification occurs when an employer improperly categorizes an employee as an independent contractor or classifies a non-exempt employee as exempt from overtime protections. This practice not only impacts wages and benefits but also subjects employers to potential legal liabilities. Addressing these complexities is possible alongside seasoned Pennsylvania employee misclassification lawyers. Miller Shah LLP stands at the forefront of misclassification litigation, offering authoritative guidance and effective solutions.

What is Employee Misclassification?

Employee misclassification involves incorrectly designating workers in a way that circumvents labor laws and reduces benefits and protections. Workers may be classified as independent contractors rather than employees or incorrectly designated as exempt from overtime pay and other protections guaranteed by the Fair Labor Standards Act (FLSA).

Independent Contractor vs. Employee

The distinction between employees and independent contractors revolves around the degree of control an employer has over the worker. Employees typically receive regular wages and benefits and are subject to employer oversight, whereas independent contractors operate with greater autonomy and are paid per project or assignment. Misclassifying employees as independent contractors can save employers money on taxes and benefits but denies workers their rightful compensation and protections.

Exempt vs. Non-Exempt Employees

Exempt employees are those who meet specific criteria under the FLSA and are not entitled to overtime pay. Common exemptions include executive, administrative, professional, outside sales, and certain computer-related positions. However, misclassifying non-exempt employees as exempt can deprive them of overtime wages, leading to significant financial losses.

Impact on Employee Rights

Misclassification undermines fair labor practices and erodes employee rights. Misclassified workers miss out on crucial benefits such as:

  • Overtime Pay: Non-exempt employees should receive one and a half times their regular wage rate for hours worked beyond 40 in a week. Misclassification robs them of this entitlement.
  • Health and Safety Protections: Proper classification ensures workers have access to workplace safety regulations and health benefits.
  • Unemployment Insurance: Employees wrongly classified as independent contractors lack eligibility for unemployment benefits, impacting their financial security during periods of job loss.
  • Workers’ Compensation: Misclassified employees might be denied compensation for work-related injuries, further amplifying their vulnerability.

Miller Shah LLP: Experienced in Misclassification Cases

Miller Shah LLP possesses extensive experience in handling complex misclassification cases, representing both employees and employers in high-stakes legal battles. The firm’s team of skilled attorneys provides nuanced and strategic legal counsel tailored to the unique aspects of each case.

Miller Shah LLP’s attorneys are formidable advocates. They pursue claims for unpaid wages, benefits and other entitlements under federal and state laws. The firm has successfully litigated multiple class action suits, securing significant settlements and verdicts for misclassified employees across various industries.

Contact Experienced Pennsylvania Employee Misclassification Lawyers

Employee misclassification is a critical issue that jeopardizes workers’ rights and exposes employers to substantial liabilities. Understanding the intricacies of proper employee classification is essential for maintaining compliance with labor laws and safeguarding employee entitlements.

At Miller Shah LLP, we are dedicated to providing sophisticated legal solutions for misclassification cases. Contact Pennsylvania employee misclassification lawyers today to discuss your case and find out how we can assist you in navigating the complexities of employment law.

Over 1 BILLION Recovered

Our team is equipped and prepared for complicated, high-stakes cases in all areas of business and civil litigation. We continuously strive to achieve the best possible results for our clients.

Novartis False Claims Act Settlement

$642 Million

Novartis False Claims Act Settlement
DST ERISA Class Action Settlement

$124.6 Million

DST ERISA Class Action Settlement
Teva False Claims Act Settlement

$54 Million

Teva False Claims Act Settlement
Norwegian Salmon Antitrust Settlement

$33 Million

Norwegian Salmon Antitrust Settlement
Virgin Airlines Wage and Hour Settlement

$31 Million

Virgin Airlines Wage and Hour Settlement
AMC Securities Settlement

$18 Million

AMC Securities Settlement
Eversource Energy ERISA Class Action Settlement

$14 Million

Eversource Energy ERISA Class Action Settlement
Universal Health Services ERISA Class Action Settlement

$12.5 Million

Universal Health Services ERISA Class Action Settlement
Safeway ERISA Class Action Settlement

$8.5 Million

Safeway ERISA Class Action Settlement
LinkedIn ERISA Class Action Settlement

$6.75 Million

LinkedIn ERISA Class Action Settlement
Coca-Cola ERISA Class Action Settlement

$3.5 Million

Coca-Cola ERISA Class Action Settlement
Beth Israel Medical ERISA Class Action Settlement

$2.9 Million

Beth Israel Medical ERISA Class Action Settlement
Rush University Medical ERISA Class Action Settlement

$2.9 Million

Rush University Medical ERISA Class Action Settlement
L Brands ERISA Class Action Settlement

$2.75 Million

L Brands ERISA Class Action Settlement
Omnicom ERISA Class Action Settlement

$2.45 Million

Omnicom ERISA Class Action Settlement

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call 866-540-5505 or complete the intake form to email us.