Long Beach Attorneys ◦ Employee Misclassification Class Actions
When an employee is hired as a manager, the employee expects that to mean that his/her work duties will be at the level of a decision-maker and supervisor. The employee does not expect to routinely and primarily perform the same tasks that the people he/she supposedly manage do.
Employees Who Are Misclassified as "Exempt"
If an employee’s "management" position consists primarily of duties such as stocking merchandise on shelves, picking up merchandise off floors, ringing up cash register orders, or washing dishes, chances are that management title is a cover-up. The employee’s job title may be a scheme by which the employer classifies the employee as "exempt," leading to failure to properly compensate for overtime.
Employees Who Are Misclassified as "Contract Workers"
An employee may have been misclassified as an “independent contract” worker, when, in fact, the employer controlled the manner and means of how the employee performed his/her job duties. The employee is likely a bona fide employee and should be treated as such. Contact us to schedule a free discussion with an attorney if you believe that you were misclassified. Common misclassification issues affecting employees like you may include :
- Employees who are misclassified as exempt so that the employer would not have to pay overtime.
- Employers who require employees to fulfill work duties before or after clocking in on a habitual basis, with the justification that the employees were managers or supervisors.
- Employers who ask employees to organize work stations before the employees clocked in or clean up after the employees had clocked out each day.
- Employees who were improperly misclassified as "independent contractors" so the employer could avoid paying for overtime, despite the fact that the employees were under the control and direction of the employer.
If you believe that you have an employee misclassification claim, please call Westrup Klick, LLP, who can help you determine whether you can join or initiate a class action lawsuit against the offending employer.
We Bring Class Action Lawsuits In Cases of Employee Misclassification
Our lawyers prepare and prosecute class action lawsuits on behalf of groups of employees and consumers who have been systematically wronged at work or in commerce.
Schedule a free initial consultation and case evaluation to help determine whether you have cause to initiate or join a class action suit after your employer misclassified you. The goal is to help you recover lost wages as well as to prevent your employer from continuing to exploit employees through employee misclassification.
