Misclassified employees in California often face an uphill battle when fighting for overtime pay. Despite the clear legal protections afforded to non-exempt employees under California labor law, many employers continue to misclassify workers as exempt, denying them their rightful overtime wages.

Understanding Misclassification

One of the most common ways employers misclassify employees is by assigning them job titles that don’t accurately reflect their actual duties. For instance, an employee may be labeled as a “manager” but spend most of their time performing tasks that are typically considered non-exempt, such as data entry, customer service, or sales.

It’s important to note that the job title alone is not determinative of exempt status. The actual duties performed by the employee are the key factor. If an employee primarily performs non-exempt tasks, even if they have a managerial or supervisory title, they are likely entitled to overtime pay.

Signs of Misclassification

Several indicators may suggest that an employee is being misclassified:

• Salary: If you are paid a fixed salary regardless of the number of hours worked, you may be misclassified. Non-exempt employees should receive overtime pay for any hours worked beyond their regular workweek.
• Job Duties: If your job duties primarily involve non-exempt tasks, such as manual labor, clerical work, or sales, you may be misclassified. Exempt employees typically perform managerial, executive, or professional duties.
• Supervision: If you have little or no supervisory authority over other employees, you may be misclassified. Exempt employees generally have supervisory responsibilities.
• Lack of Control Over Work Schedule: If your employer controls your work schedule and you have limited flexibility, you may be misclassified. Exempt employees often have more control over their work schedules.

The Fight for Overtime Pay in California

In California, the default assumption is that an employee is entitled to overtime pay at a premium hourly rate unless the employer proves that there is an applicable exemption.  Misclassified employees who are denied overtime pay can face significant financial losses. In addition to lost wages, they may also be eligible for penalties and attorney’s fees if they successfully prove misclassification.

Fighting for overtime pay can feel challenging, even though the law presumes that workers should be paid a premium overtime wage. Workers may have different reasons for thinking the fight is uphill, such as:  

• Lack of Awareness: Many misclassified employees are unaware of their rights and may not realize that they are entitled to overtime pay.
• Fear of Retaliation: Employees may fear losing their jobs or facing other negative consequences if they report misclassification.
• Complex Legal Procedures: Proving misclassification can be complex and time-consuming, requiring legal expertise and evidence.
• Employer Resistance: Employers may resist acknowledging misclassification or present false evidence to justify their classification.

Valerian Law: Protecting Overtime Pay in California

Misclassified employees in California can meet the challenge of fighting for overtime pay with the help of a qualified attorney. With a tenacious legal team, it is possible to overcome these obstacles and obtain the compensation you deserve. Don’t let your employer take advantage of you. Get paid what you deserve.

Contact Valerian Law now to ensure fair treatment and uphold justice in the workplace. Your rights matter.