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San Diego Employee Misclassification Lawyers

Home/San Diego Employee Misclassification Lawyers

In recent years, the issue of employee misclassification has garnered increasing attention and has become a focal point for legal action against employers. Misclassifying employees, whether as independent contractors or otherwise, undermines their rights to fair wages, benefits, and legal protections. It also poses significant legal and financial risks for employers. The San Diego employment misclassification lawyers at Miller Shah LLP have years of experience addressing these complex issues. We are dedicated to providing our clients—whether they are individuals unjustly denied their rightful compensation or businesses navigating the evolving landscape of employment law—with unparalleled legal advocacy.

The Significance of Employee Misclassification

Misclassification of employees can occur when an employer wrongfully classifies an employee as an independent contractor or wrongfully classifies an employee as exempt from the protections granted by the Fair Labor Standards Act (FLSA).  Either situation poses substantial challenges for workers. Erroneous classification can lead to a lack of entitlement to critical benefits such as overtime pay, meal breaks and vacation time. Furthermore, it impacts tax obligations and legal protections, placing an undue burden on employees. The intricacies of these issues necessitate professional legal assistance to ensure that employees are classified correctly and receive the rights and protections they deserve.

The Role of the Fair Labor Standards Act

The FLSA serves as a fundamental safeguard for employees, setting forth standards for minimum wage, overtime pay, and child labor laws. It is instrumental in combating employee misclassification by ensuring that non-exempt employees are accorded their rightful benefits and protections. Awareness of one’s rights under the FLSA is crucial for employees to defend themselves against misclassification and its adverse effects.

Types of Misclassification Claims

Miller Shah represents clients in a broad spectrum of misclassification claims and related issues, including but not limited to:

  • Employment misclassification
  • Exempt employee misclassification
  • Tipped worker/tip theft
  • Undocumented work or working off the clock
  • Wage and hour violations
  • Vacation pay disputes
  • Meal and rest break violations

Our attorneys possess extensive experience handling cases involving federal and state statutes and regulations, including those specifically related to the FLSA. Applying a cooperative, team-based approach, our sophisticated legal counsel  untangles the complexities of misclassification law, advocating for the rights and interests of both employees and employers.

Addressing Misclassification and Ensuring Compliance

Employee misclassification is more than a legal challenge; it is a matter of ensuring fairness and justice in the workplace. For employers, accurately classifying employees is not only a legal obligation but a step towards fostering a transparent and equitable work environment. Miller Shah is dedicated to assisting employers in navigating these legal waters, thereby avoiding litigation and ensuring compliance with evolving laws.

Consult With a San Diego Employee Misclassification Lawyer

The San Diego employee misclassification lawyers at Miller Shah are available for consultation whether you are an employee facing misclassification or an employer seeking advice on proper classification. Our team is committed to delivering comprehensive legal solutions and achieving remarkable outcomes. By tackling the problem of employee misclassification head-on, we aim to protect the rights and well-being of workers across various industries. Contact us today to schedule a consultation.

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.