Many issues impact your rights and income as a worker. One is how your employer classifies you. For example, if you have been promoted to a managerial position, you will lose out on certain benefits that other workers receive, including overtime pay. However, employers cannot simply give you whatever classification most benefits them. Rather, they must follow rules when classifying employees. In the above example, the law is clear about who should be designated as a manager. If you are concerned that your employer has misclassified you, Weiler Law PLLC can help.
We provide legal assistance to employees who have questions regarding classification. We can explain the various rules regarding classification, how they apply to your particular work position, and determine whether a misclassification has occurred in your case. As experienced employee misclassification attorneys serving workers throughout the greater Phoenix area, we can explore your options going forward. Should it be necessary, we can aggressively fight for your employment law rights if you have been misclassified.
Employee Misclassification in the Phoenix Workplace
One major classification issue is whether your employer has classified you as exempt or nonexempt. This greatly impacts what rights you have under the federal Fair Labor Standards Act (FLSA), as exempt employees have very few FLSA rights. Among the FLSA rights they typically do not have are overtime pay rights.
Numerous factors control whether employees are to be classified as exempt or nonexempt, including:
- Whether or not they are paid by salary
- Their wage level
- The type of job
- The type of tasks connected with the job
Another significant classification matter is whether you have been classified as an employee or an independent contractor. Independent contractors generally have fewer rights and entitlements under labor laws than employees. As with exempt/nonexempt classifications, employers must consider a range of factors when deciding whether a given worker will be classified as an independent contractor or an employee. If your employer has misclassified you as exempt or an independent contractor, you may be deprived of important rights and benefits.
Managers Are Exempt from Certain Employee Benefits
Another area where misclassification can occur is that of classifying an employee as a manager. Under federal law, all employees must be paid minimum wage. In addition, any time an employee works overtime (more than 40 hours in a week), he or she must be paid at a rate of one and one-half times his or her regular wage. However, there are exceptions to this rule, and employees who are classified as managers are exempt from receiving overtime pay.
It is important to remember that an employer can’t just bestow the title of manager on an employee in an effort to avoid paying overtime.
Certain qualifications must be met in order for an employee to be considered exempt as a manager, including:
- A guaranteed weekly salary of $684 per week
- No pay reductions based on the quality or quantity of work in any given week
- No pay deductions for normal business losses
- Managers must be responsible for directing the work of at least two employees
- Managers must be allowed to weigh in on hiring/firing decisions
Misclassification laws are rapidly changing. One of the biggest potential changes on the horizon is raising the $684 weekly salary requirement, which means that managers who are currently exempt may suddenly find themselves wrongly classified. Our attorneys will thoroughly review your situation to ensure that your rights as an employee are protected every step of the way.
Ensure Your Rights Are Protected
Our firm is very knowledgeable of the complex rules of employee status determination and the remedies available in relation to the misclassification of employees. Our lawyers can help you understand if you have a strong misclassification case and give you clear explanations of your options under labor laws. If you are concerned about the classification your employer has given you, talk with one of our competent attorneys as soon as possible.
"If I ever have an employment law dispute like retaliation, I will contact them again."Kevin W.
"Everyone who worked with James pertaining to my case was AMAZING as well."Saquitta H.
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