Misclassification

 

If your current or former employer misclassified you as an “exempt” employee ineligible for overtime compensation, contact the labor and employment attorneys at the JCL Law Firm in California. Since 2010, the class action attorneys at the JCL Law Firm have recovered millions of dollars in backpay and penalties on behalf of misclassified California employees. The JCL Law Firm represents misclassified employees seeking to recover unpaid compensation throughout California, including San Diego, Irvine, Costa Mesa, Santa Ana, Anaheim, Los Angeles, San Jose, San Francisco, Oakland, Sacramento, Orange County, Imperial County, San Bernardino County, Solano County, Contra Costa County, Napa County, Sonoma County, Marin County, Santa Barbara County, Alameda County, Santa Clara County and Riverside County. If you believe you are a misclassified employee, call the experienced labor and employment attorneys at the JCL Law Firm at 1-888-498-6999 for a free consultation.

Employee "misclassification" occurs when an employer improperly designates an employee as “exempt” from California or Federal overtime requirements. Employee “misclassification” and "wage-and-hour" litigation go hand-in-hand. Federal and state laws mandate that employees classified as "non-exempt" must be paid overtime compensation for all hours worked in excess of 8 hours per day or 40 hours per week. Employers must also provide "non-exempt" employees with meal breaks and rest periods, while employees classified as "exempt" are not entitled to such benefits.

No. A common misunderstanding is that earning a salary means that your employer does not have to pay you overtime. Often times, employers, either intentionally or unknowingly, misclassify "non-exempt" employees as "exempt," thus avoiding overtime compensation, and providing meal beaks and rest periods. Earning a “salary” does not automatically mean that you are an exempt employee. Misclassifying an employee is illegal. Determining whether an employee is misclassified involves a fact intensive analysis of the employee's specific job duties and responsibilities. It is never as simple as an employee receiving an hourly wage vs. a salary for his or her work.

Since 2010, the attorneys at the JCL Law Firm have resolved several wage and hour class actions arising from misclassified employees resulting in millions of dollars of backpay for California employees.

Attorney Jean-Claude Lapuyade has been recognized as a Super Lawyer® Rising Star by Thompson Reuters in 2015, 2016, 2017 and, again, in 2018. To be eligible for inclusion as a Rising Star, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of eligible California attorneys are named to the annual Rising Star list.

The attorneys at the JCL Law Firm strive to exceed client expectations through attentive, effective, result-driven representation. The firm emphasizes a well-planned, thorough, yet cost-effective investigation, coupled with aggressive legal representation to achieve this goal. The firm represents employees on a contingency basis. This means we don't get paid a legal fee unless we recover money for you, our client. In most cases, we advance the costs of litigation. Therefore, there are no upfront costs to the firm's clients. If you believe you are a misclassified employee, call the experienced labor and employment class action attorneys at the JCL Law Firm at 1-888-498-6999 for a free consultation.