Cases of employee misclassification have continued to soar across the United States. Employers are taking the advantage of their employees who don’t know their classification.
Additionally, because of a lack of general knowledge about the subject, this problem has grown. To get the help you need for your case, hire the best New Jersey employment lawyer to unhook you from the ‘misclassification’ books and open the opportunity for you to be compensated for unpaid overtime among others.
Misclassification as Exempt
Working overtime, and not receiving the appropriate compensation is not only unfair but also illegal. One possible cause is that your employer has misclassified you as an “Exempt” worker. Meaning that because of your circumstances, you are exempt from certain taxes.
You are entitled to compensation for all the work you have done, in the past as well. Of course, employers may try to put up a fight so that the process works against you, but with a lawyer who understands the ins and out regarding employees misclassification matters will help you get the compensation you deserve.
There are some employees who can be classified as exempt legally. However, employers are crossing the boundary by classifying others who are not supposed to be classified as such. Some of those who are entitled to an exempt are:
- Sales workers
- Other Experts
On the other hand, employees who are the victims of being misclassified are:
- Supermarket attendants
- IT Professionals
- On-call personnel among others
How It’s Done
Employers will go to any level to not expose their underhand dealings. For instance, retail employers will appoint executives and managers to their employees, and yet these executives and managers will not have any supervisory role. More to that, these given positions do not have any legal definition.
If you fall in any of the said categories, and you have worked for overtime and not been paid, look for a lawyer to represent you in order to get justice.
Why Employers Misclassify Employees
Since it is illegal to not pay employees for the overtime and other packages they are entitled to, they are classified wrongly so that employers can benefit from the job category classification. These are the key reason they are classified as exempt:
- To not give healthcare of benefits
- To not give the right to paid vacation
- To not give paid leave
Employers will classify you an independent contractor, eliminating your workers protection. In many cases you will have to pay for working materials, premium workers compensation, a partial amount of payroll tax, and unemployment insurance.
How Will a Lawyer Help You
Because of the complicated nature of this type of law, a professional employment lawyer is the key to your success. They have a deeper understanding of how to deal with employers violating your rights. The right lawyer will have experience practicing legal matters related to your situation. Hire a professional to get the help you need.