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Employment Lawsuits Related to Wrongful Classification

Employment attorney in Santa AnaMisclassification of employees as exempt when they are not is one of the major factors in employment lawsuits against companies. Under the law, employers must adhere to certain laws related to wages, overtime pay as well as mealtimes. These rules apply to all employees, except certain groups of people. These groups of people are called exempt employees.

Misclassification of an employee can be the basis of a lawsuit against your company. Very often, businesses make very common and simple mistakes that may seem irrelevant at the time, but could lead to an expensive lawsuit filed by an employment attorney in Santa Ana. For instance, classification does not depend on job titles. Merely a job title designating the employee as working in a particular capacity, does not qualify him for exempt status. The actual duties that go with the job, and not the title, are considered when determining status. The California Labor Commissioner will look at the duties that are performed by the employee to understand whether he or she is engaged in any kind of exempt work.

In California, an exempt employee must earn a minimum monthly salary that is at least two times the minimum state wage in California for a full-time worker. Under California laws, exempt employees have different rights, compared to nonexempt employees. Most employees who qualify as exempt employees tend work in white-collar jobs in California. Employees, who are typically classified as exempt in California, are allowed to exercise discretion and independent judgment in their jobs.

Typically, exempt employees have fewer rights, and therefore it is very important to determine employee status so that you can avoid a lawsuit. Speak to an employment attorney in Santa Ana about the categories of workers in your workplace who may qualify for exempt employee status. Misclassification can lead to an expensive lawsuit against your company.

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