Modesto Employee Misclassification Lawyer

Modesto Employee Misclassification Attorney

When a worker starts a job, there are several steps an employer has to take legally to make sure your rights as a worker are being preserved. One of these is making sure the employee is classified correctly for the kind of work they are doing, and failure to comply with the laws and regulations can have serious consequences. If you’ve been misclassified in your job, a qualified Modesto employee misclassification lawyer can help you get the compensation your employer owes you.

The experienced legal team at Asbill Law Group, APLC, can help you navigate the complex process of recovering damages due to employee misclassification. For more than ten years, we’ve worked with employees from all backgrounds to protect their rights and hold liable employers responsible for their misconduct. Our top goal is to make sure workers receive the wages and benefits they have earned.

Classifications of Workers

Workers are classified into several categories, depending on factors such as the kind of work they do, whether they are paid hourly or salaried, how many hours they work, and more. While this may not seem like a big deal, an employee’s classification has a big impact on the wages, benefits, and legal rights the employee is entitled to. The main classifications for workers are:

Full-time employees have the most legal protection and benefits from the employer. In addition to minimum wage and break requirements, full-time employees are entitled to workers’ compensation and unemployment insurance, paid sick leave, and family and medical leave. If the employer has 50 or more employees, offering health insurance to full-time employees is also required. In addition, the employer is responsible for tax withholding.

Part-time employees are afforded many of the same rights as full-time employees in California, such as minimum wage, breaks, paid sick leave, workers’ compensation, unemployment insurance, and tax withholding. However, part-time employees who work under 30 hours a week do not have to be offered health insurance.

Full-time and part-time employees are also classified as exempt, which is often salaried, or nonexempt, which is often hourly, for the sake of overtime pay and minimum wage.

Independent contractors have the least legal protections and benefits. Independent contractors are responsible for their own workers’ compensation insurance and health insurance and reporting and paying income taxes. They are not subject to regulations on minimum wage, overtime pay, or unemployment insurance.

The ABC Test

There are legal guidelines to help businesses determine if a worker is an employee or an independent contractor. A business has to show that three conditions have to be met for a worker to be considered an independent contractor in California.

• The business does not control or direct the worker’s performance of the work
• The work being done by the worker is outside the business’s usual course
• The worker routinely does work of the same nature as the work they are doing for the business

It’s important to note that there are some exceptions for this test for certain jobs, industries, or contracting relationships. If you think you’ve been misclassified, a skilled employment attorney can help determine which classification is correct.

Consequences of Misclassification

When an employer wrongly classifies a worker, it can have long-lasting consequences. For a worker, this can mean lost wages, lack of healthcare, workers’ compensation, unemployment insurance, and other benefits, and problems with unions and government agencies such as Social Security, Medicare, and the IRS.

When an employer misclassifies a worker, there can be serious damage to their reputation and trust with other employees, business partners, investors, clients, and the public. In addition, workers can file legal claims to recover any damages the employer is liable for, which means the employer has to pay the employee unpaid wages and benefits and, in some cases, their legal fees. In some cases, the US Department of Labor may also impose significant fines.

Your Modesto Employee Misclassification Lawyer

Employment laws are complicated, and it can be overwhelming to try to figure out how they apply to your situation. A knowledgeable employment lawyer can assess the facts of your case, determine what the legal options are, and create a strong strategy based on your specific circumstances. They can help with the claim process and, if needed, represent you in negotiations and in court if your case goes to trial.

FAQs

Is There a Statute of Limitations for Employee Misclassification in California?

Yes, there is a statute of limitations for employee misclassification in California that begins after the last day of work, regardless of the worker’s status as an employee or independent contractor. This means if a worker does not file a claim within the time frame, they lose their right to recover damages.

How Much Can You Get From a Misclassification Lawsuit?

The total damages in a misclassification case settlement can vary widely and depend on several factors, such as the amount of back pay, benefits, financial damages, how long the worker was misclassified, pain and suffering, what other damages the worker suffered, and whether the case has to go to trial.

How Do You Correct Employee Misclassification?

Once a misclassification has been identified, an employer must take a number of steps to correct it. In addition to updating the classification, the employer has to pay any back wages, taxes, and benefits, and they may also need to pay fines or deal with other penalties imposed by regulatory agencies like the US Department of Labor.

How Do I Report Employee Misclassification in California?

To report an employee misclassification in California, file a wage claim with the California Labor Commissioner’s Office or the California Employment Development Department if the misclassification relates to taxes. If you are concerned about retaliation or have a complicated situation, an employment lawyer can help with the claim process.

Reach Out to an Experienced Modesto Employee Misclassification Lawyer

At Asbill Law Group, APLC, we believe no employee should be denied wages, benefits, and other rights by a misclassification. Contact our office today for an initial consultation so we can discuss your case.