WORKER’S RIGHTS

We Represent Misclassified Workers

Just because your employer says you exempt and pays you a salary, or calls you an independent contractor, does not necessarily mean you are exempt from overtime under the law.  Only those workers who have the proper discretion at work may be properly classified as exempt.

Many “managers” or “independent contractors” lack the appropriate discretion at work to be exempt from hourly pay and overtime.  Workers without the necessary amount of discretion at work cannot be classified as exempt and must be paid hourly with overtime like a regular employee.  Employer save a significant amount in wages and overtime by misclassifying workers who should be paid hourly and this contributes greatly to decisions to classify workers as salaried manager or independent contractor.

If you have been classified by your employer as exempt or as an independent contractor, but your actual work duties are those of a regular hourly employee, you may be misclassified.  Our firm represents these misclassified workers to obtain all wages and overtime owed.

We Represent Commission Salespeople

If you work in commission sales you have rights also.  Many commission sales jobs have unfair or unclear commission agreements which violate recent California court decisions.  Other commission salespeople have their earned commissions stolen or not paid in full by their employer.  California law protects commission salespeople in a number of ways.  If you feel you are working under an unfair commission plan, or you are not being paid all commissions you have earned we may be able to help.

Know Your Labor and Employment Rights

California has many employee protections such as the duty of the employer to provide meal and rest breaks, suitable seating at work, expense reimbursement, accurate wage statements, on-time payments of wages and overtime, and prohibition of workplace harassment, discrimination and retaliation.  Our firm is experienced and effective and vindicating these rights for our clients.  If you have encountered any of the above labor or employment violations we may be able to help.

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