Both federal and state laws require that employer pay their employees a minimum wage for hours worked. It becomes worse when an employer misclassifies employees who end up getting less than what they are supposed to get. This is also a loss to the government as they will receive lower tax revenue among other losses such as workers’ compensation funds or other insurance.
No employer has any solid ground to fail to pay workers.?If your employer owes you unpaid wages due to misclassification, and you have talked about the issues, but you don?t seem to agree, the best option would be to file a legal claim for damages.
Have you Been Misclassified?
Indisputable, your senses won?t cheat you when you see your coworkers perform the same job like yours, and yet you are being described as an independent contractor.
Many situations can be considered to determine whether you have an?unpaid wage claim due to misclassification. Where there are issues with unpaid wages, you have to meet the test of independence. As such your employment relation will matter.?
Under the Fair Labor Standards Act (FLSA), the work relationship must be the one that distinguishes a person working as an employee or an independent contractor. Meaning, it?s the activity to a situation that may help distinguish the relationship in terms of:
- The longevity of the working relationship.
- The nature and degree of control from the employer.
- One?s investment in working facilities.
- The degree of independence.
- The extent to which the services one offer play an integral part in their employer?s business.
If you have been misclassified as an independent contractor, the chances are that your employer has denied you.
- Overtime compensation.
- Working during rest or not having lunch breaks: You should be compensated if you perform work during your rest or meal breaks.
- Failure to get your pay check in a timely manner.
Unfortunately, the above often happens to a large group of employees in the same or different organizations. If so, it may be easier to file a class action lawsuit instead of a single claim. To decide whether your claim is worth pursuing, you can look for?class action lawsuit lawyers in California.?
Filing Your Class Action Claim
If you have been misclassified as a group of employees, you may file a class action claim for unpaid wages. After a successful case, your employer may be obligated to offer:
- Minimum wage: Where there are no exceptions, every employee in California should be paid a minimum wage as required by the law.
- Overtime: Though not every work call for overtime, any eligible employee who works for more than 8 hours a day should be granted over time. Where such an employee works for 12 hours a day, they should receive double overtime. Meaning, you get the overtime you should have earned depending on the hours you worked.
- Back payments: You will receive whatever amount your employer failed to pay due to the misclassification.
- Interest: You will receive interest for your unpaid wages and overtime.
- Penalties: This will be paid due to your employer fails to pay the correct wages due to misclassification.
- Attorney?s fees: These are the court costs you will have used when seeking justice.
?If you have been misclassified, you need to fight for your rights as an employee. An experienced lawyer can help you determine whether you have been misclassified or not. Again, they will advise you on whether to proceed with a single claim or a class action. California wage and hour laws?keep on changing, so it would be better to liaise with an experienced lawyer where the issue arises.
Look For A Class Action Lawyer
Being misclassified as an independent contractor means that you have been losing benefits available to an employee. Thus, having an attorney who understands such cases can help you understand the legal process to take.
Where such damage has occurred to many employees, you can look for a class action lawyer to help speed up the legal process.?If this bears fruits, your employer will pay for all back wages among other benefits as stipulated above.
No one should deny you the benefits allowed by the federal or state laws. Where you were misclassified as an independent contractor but were working for more than 40 hours a week, the law requires that you should receive your minimum wage together with any overtime earned.
Some employers cunningly avoid such benefits and misclassify employees to discourage them from raising complaints. This is due to the notion that independent contractors have no rights when it comes to such benefits and therefore cannot file a claim.
Misclassification cases are tricky, not unless you have a legal representation. If you have issues, you can talk to an experienced employment lawyer to get legal counsel.
