Hourly Employee Benefits
Current employment litigation trends have demonstrated that many employers misclassify employees as independent contractors or managers.
Employers do this because independent contractors and managers are exempt from overtime laws. While it is true that there are certain employees who are not covered by wage and hour laws, these are exceptions to the rule. Many employers attempt to cheat the employees by using labels to create the impression these exceptions apply even if employees perform work which is protected by wage and hour laws.
WHAT TRULY DETERMINES WHETHER A PERSON IS A MANAGER OR INDEPENDENT CONTRACTOR IS HIS/HER JOB DUTIES, NOT THE TITLE.
For example, among other requirements, employees typically do not qualify under the law as a manager unless they customarily and regularly direct the work of 2 or more full-time employees or the equivalent in part-time employees and their recommendations to hire or fire other employees is given particular weight.
Regular employees are subject to the benefits discussed above as well as many others. On the other hand, independent contractor and managers may not share in all of these benefits.
It is unfortunate when an employer uses such emotionally empowering labels to cheat hard working employees out of their fair wages. Being labeled a manager naturally results in a sense of pride for hard working employees. It is unfortunate that employers sometimes use this emotional appeal to short-change these dedicated employees.
IF YOU HAVE BEEN CLASSIFIED AS A MANAGER, ARE WORKING AS AN INDEPENDENT CONTRACTOR OR ANY OTHER POSITION WHERE YOUR BOSS CLAIMS YOU ARE NOT PROTECTED BY TYPICAL WAGE AND HOUR LAWS, WE WOULD LIKE TO ASSESS YOUR SITUATION TO SEE IF YOU TRULY ARE EXEMPT FROM RECEIVING THESE STANDARD BENEFITS.
If the employer misclassified your job title, you are entitled to recover the money which should have been paid to you, such as overtime or missed rest periods. Please do not hesitate to contact Littlefield Law so that we can do a legal assessment of your job and duties to determine if you are being properly classified and properly paid.
CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THE PROPRIETY OF HOW YOU ARE BEING PAID.
We can go over your job duties and pay to determine if you are entitled to recover more money than you were paid.