Employers frequently willfully misclassify the status of their workers' employment. The result is a huge savings for the employer at the expense of the employee who is often in a poor position to shoulder the expense. Since 1977, Employee Misclassification Attorney Doug Walters has been a zealous advocate for employee rights. Our employment law firm has extensive experience fighting on behalf of misclassified employees.

 

Employment Attorney Douglas Walters is experienced negotiators and skilled litigators who work diligently to preserve and protect the best interests of our clients.

 

If your employer has misclassified your employment status, our San Diego Employee Misclassification Lawyers will fight to ensure that you obtain the maximum compensation to which you are entitled under State and Federal Law.  

 

Please contact the Law Offices of San Diego Misclassification Attorney Douglas F. Walters for a free consultation  by calling (858) 623-5655. Mr. Walters will meet with you to review the circumstances of your employment, and based upon this information will provide you with an honest, preliminary case analysis.

 

Exempt vs. Non-Exempt Employees and Employee Misclassification

 

Under the Fair Labor Standards Act and the California Labor Code, an employee’s classification as exempt (salaried) or non-exempt (hourly wage earners) determines an employee’s right to compensation for overtime hours as well as meal & rest breaks.

 

California law sets forth several factors to determine whether an employee should be classified as exempt or non-exempt. Exempt (salaried) employees must generally meet some of the following conditions:

​

• Work Performed is executive, professional or administrative in nature

• The employee’s salary is at least double the minimum wage at 40 hours a week

• The employee is expected to exercise independent judgment while carrying out their job-related duties

• They generally participate in determining who to hire, promote or fire

• Work is directly related to business operations

• Work performed is non-manual

• Work performed requires specialized experience, knowledge or training

• If a professional, the employee must engage in a learned or artistic profession

• The position is typically managerial, creative or intellectual

​

Many employers will bestow exempt status upon those who should rightfully be deemed non-exempt in a thinly veiled effort to avoid compliance with both State & Federal compensation and rest break guidelines.

 

Independent Contractor Misclassification in San Diego

 

Employment classification directly impacts both an employer’s responsibilities and an employee’s rights. There has been an increasing trend to hire individuals as independent contractors as opposed to employees due to extensive financial benefits.

 

Employers are not required to remit payroll taxes for independent contractors, carry workers compensation insurance, pay into unemployment for these workers, or provide regular employee benefits.

 

However, the monies that employers save negatively impacts misclassified independent contractors. Whether you are classified as an employee or an independent contractor determines whether you are entitled to the following:

​

• Health Benefits

• ESPP Participation

• Company Sponsored Retirement Plans

• Paid Vacation

• Paid Sick Time

• Unemployment Benefits

• Workers Compensation

• Overtime Compensation

​

True independent contractors have the right to accept or refuse projects, determine when, where and how they will carry out their work, set their own hours, and exercise full control with respect to continuing a working relationship when the contracted project is complete.

 

Numerous additional complex factors may be taken under consideration when determining whether an individual is an independent contractor or is actually an employee who is entitled to all of the benefits and rights of employment.

 

If you believe you have been misclassified, please read our Employment Law Newsletter Volume 2, [link: newsletter volume 2] “Are you an Employee or an Independent Contractor, Knowing the Difference Matters!”. You may find this information to be very helpful. If, after reading it, you believe you may have been misclassified, contact us immediately! One of our skilled attorneys will take the time to understand the circumstances of your working relationship and will asses your options based on how the law – not your employer – classifies your work status.

 

Contact San Diego Employee Misclassification Attorney Douglas Walters

 

The Law Offices of San Diego Employee Misclassification Lawyer Douglas Walters has been successfully representing misclassified employees and independent contractors throughout San Diego County for more than 40 years.

 

If you have reason to believe that your employer has improperly misclassified you as an exempt employee or independent contractor, please contact San Diego Employee Misclassification Attorney Doug Walters (858) 623-5655 to make an appointment for a free initial consultation with one of San Diego’s leading employment lawyers. Or, contact us online.