The Official Injury Attorneys of the San Francisco 49ers
San Francisco Misclassification & Exempt/Hourly Lawyer
Employees often face complicated legal issues related to their employment status and compensation. Misclassifying workers as exempt or hourly can have severe consequences for employees and employers. At Venardi Zurada LLP, our experienced San Francisco misclassification and exempt/hourly lawyers are dedicated to protecting the rights of workers and ensuring they receive the compensation they deserve.
The Importance of Proper Classification
Proper classification of employees is crucial for compliance with state and federal labor laws. When employers misclassify workers as exempt or independent contractors, they may be denying them essential benefits and protections, such as:
- Minimum wage
- Overtime pay
- Meal and rest breaks
- Workers’ compensation
- Unemployment insurance
Misclassification can also result in significant tax liabilities and penalties for employers. Our knowledgeable San Francisco misclassification and exempt/hourly attorneys at Venardi Zurada LLP can help you navigate the complexities of employee classification and ensure your rights are protected.
Exempt vs. Non-Exempt Employees
Under California law, employees are presumed to be non-exempt unless they meet specific criteria for exemption. Exempt employees, such as certain executive, administrative, and professional workers, are not entitled to overtime pay or meal and rest breaks. However, to qualify for these exemptions, employees must meet strict job duties tests and earn a minimum salary threshold.
Non-exempt employees, on the other hand, are entitled to overtime pay for hours worked over 8 in a day or 40 in a week, as well as meal and rest breaks. Misclassifying non-exempt employees as exempt can lead to significant wage and hour violations.
The Risks of Independent Contractor Misclassification in San Francisco
Misclassifying employees as independent contractors is a serious issue that can have far-reaching consequences for workers in San Francisco. When employers improperly classify workers as independent contractors, they may be unlawfully denying them access to crucial benefits and protections mandated by law.
California has adopted a stringent three-part test, known as the ABC test, to determine whether a worker should be classified as an employee or an independent contractor. To legally classify a worker as an independent contractor, an employer must demonstrate that the worker satisfies all three of the following criteria:
- The worker maintains autonomy and independence in their work, free from the control and direction of the hiring entity.
- The worker’s duties fall outside the scope of the hiring entity’s usual course of business.
- The worker has a routine schedule working in an independently established trade, occupation, or business that is of the same nature as the work they perform.
If you suspect that your employer has misclassified you as an independent contractor, depriving you of the wages, benefits, and protections you rightfully deserve, our skilled San Francisco misclassification and exempt/hourly attorneys at Venardi Zurada LLP are here to help. We will vigorously advocate for your rights, working tirelessly to hold your employer accountable and secure the compensation you are entitled to under the law.
Contact a San Francisco Misclassification & Exempt/Hourly Lawyer
Contact Venardi Zurada LLP today to schedule a consultation with one of our dedicated San Francisco misclassification and exempt/hourly lawyers. We are here to fight for your rights and ensure justice is served.
