When you accept a job, you are classified as hourly, salaried, or independent contractor. Correct classification is crucial because some employers may misclassify you to steal your wages or avoid paying you overtime or benefits.
A diligent employment attorney can help you preserve your Social Security benefits and other benefits such as sick time, vacation days, and paid holidays. Employers contribute to other taxes on your behalf, and misclassifying you saves them money. If you are unsure whether your job title is appropriate, a Sacramento salary and independent contractor misclassification lawyer at Erkel Law, P.C. can be sure for you.
When an employer insists a salaried employee is an independent contractor, an attorney in Sacramento at Erkel Law, P.C. can answer some preliminary questions and work through employment questions to determine the correct classification and payment type.
Salaried employees receive W2s at the end of the year that itemize all deductions, including the ones an employer matches or pays, such as for Social Security and unemployment insurance.
These employees may take a job because of benefits, like paid vacations, sick days, and paid holidays. Salaried employees usually perform executive, administrative, or professional duties, so an employee may be misclassified when they are paid a salary instead of an appropriate hourly wage when, for example, they work as cashiers at a grocery store.
In some situations, employers may label salaried employees as independent contractors so they do not have to pay benefits or overtime. An independent contractor is described as a worker who:
Employers may classify employees who should be considered salaried or hourly earners as independent contractors to avoid paying overtime. A lawyer in Sacramento can determine whether this is a misclassification and help an employee receive the wages they earned.
The FLSA imposes a base salary exempting salaried employees who make more than the base from receiving overtime pay. The base historically has not kept pace with minimum wage, so an employer can benefit from misclassifying an hourly wage worker as a salaried one. An attorney at Erkel Law, P.C. will right this wrong. As of January 1, 2025, most salaried workers earning less than $1,128 per week will be eligible for overtime pay, cutting down on the number of employers attempting wage theft by misclassifying their employees.
You work hard for your money, and your employer should not be allowed to commit wage theft by misclassifying your status. If you are salaried and should be classified as an hourly worker, you are being misclassified to save money on overtime.
If you should be salaried and are being paid as an independent contractor, you are losing Social Security work credits and you are not receiving benefits or matched taxes or insurance. Now is the time to settle the questions you have about your employment predicament. A Sacramento salary and independent contractor misclassification lawyer at Erkel Law, P.C. is ready to assist you. Contact us today.
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