MISCLASSIFICATION AS AN INDEPENDENT CONTRACTOR

 

Has your employer issued a 1099 to you or labeled you as an “independent contractor”? Are you performing work under their supervision? Are they setting your hours or compensation? Directing your tasks? Supplying the tools you use? The title your employer gives your role doesn’t determine your status—looking at these factors and others is necessary to understand whether you are actually an employee or an independent contractor.

 

Misclassification happens when a worker is treated as an “independent contractor” despite working like an employee. Independent contractors usually work on a contract basis for businesses, are considered self-employed, and typically do not receive overtime pay. SueMyCompany.com helps employees understand their classification and explore whether they may be entitled to additional compensation for misclassification.

 

MISCLASSIFICATION AS AN EXEMPT EMPLOYEE

 

Some employees are considered “exempt” from overtime and other pay provisions. This means they may not receive overtime pay for hours worked over 40 per week. However, employees are sometimes misclassified as “exempt” either because the employer doesn’t fully understand the rules or is attempting to avoid paying overtime. For example, a cashier may be promoted to “assistant manager” without a change in duties, allowing the employer to claim the role is “exempt” and not eligible for overtime wages.
 

 

SueMyCompany.com provides resources and guidance for employees across California, including Ventura, San Diego, Riverside, San Bernardino, Orange County, Los Angeles, and Santa Ana, to help understand misclassification issues and explore next steps. Submit your issue today to get personalized recommendations and support.