So thankful for Miracle Mile Law Group as they were professional and efficient. They kept me in the loop from start to finish and even gave me updates without me even asking for one. I loved that. Highly recommended. Kevin Y.
Justin Hanassab’s law firm is a family affair for us, as I have recommended Miracle Mile Law Group to my family. These days you’re hard pressed to find a lawyer who genuinely cares and has amazing relationships with his clients, but Justin goes out of his way to get to know his. Really happy with them! Daniel F.
If I could leave 10 stars for Miracle Mile Law Group, I definitely would. They are very caring with their clients and they are not like most lawyers who want to just get you out the door so they can just deal with someone else. They take their time and you can tell they enjoy what they do. Thank you for the great work. Jennifer Y.
Miami Employee Misclassification Lawyer / Attorneys Defending Your Deserved Compensation
In 2018, the California Supreme Court, in Dynamex Operations West, Inc. v. Superior Court, clarified the standard to determine whether an individual is an employee or whether they are independent contractors. In doing so, the Court created a presumption that employees are not independent contractors unless the “ABC” test is met. In other words, it is the employer’s job to prove that an individual is an independent contractor. The following test must be met:
If ANY of the above three factors are not met, then your employer has failed to show that you are an independent contractor. A misclassification lawyer will help you prove that you were entitled to wages you should have received if you have met these factors.
There are a couple of remedies available to those who have wrongly been misclassified as an independent contractor when they should have been classified as an employee. Compensatory Damages: this means that the misclassified employee is entitled to the wages and overtime pay he or she should have been entitled to had the employee been properly classified.
Overtime Violations And Misclassification Issues: Cleveland And Nyc Lawyer Offers Insights
Labor Code section 226: under this section, if your employer misclassifies you, your wage statements are in essence inaccurate. Subsection (e) of Labor Code section 226 states that “an employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4, 000), and is entitled to an award of costs and reasonable attorney’s fees.” Therefore, the employee can recover up to $4, 000 in penalties on top of the overtime pay they were entitled to, plus attorney’s fees.
Labor Code section 226.8: it is illegal for your employer to willfully, or intentionally, misclassify you as an independent contractor. If he or she knows that you should not be classified as an independent contractor but still does so, you may be entitled to statutory fees. For example, Labor Code section 226.8(c) states that “the person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer shall be subject to a civil penalty of not less than ten thousand dollars ($10, 000) and not more than twenty-five thousand dollars ($25, 000) for each violation, in addition to any other penalties or fines permitted by law.” In other words, the employer who is found to violate section 226.8 is subject to a fine of $10, 000 to $25, 000.
Labor Code section 2753: under this section, those who assist an employer in willfully misclassifying an employer as an independent contractor may be liable jointly and severally liable.
Harrisburg Employment Lawyer
HAVING A MISCLASSIFICATION LAWYER BY YOUR SIDE GREATLY INCREASES THE CHANCE FOR RECOVERY.Talk to a Los Angeles Misclassification Lawyer today. We offer free consultations and you pay nothing unless we win.
The misclassification lawyers at Miracle Mile Law Group are specially trained in handling misclassification lawsuits. If you believe you have been misclassified as an employee or independent contractor, contact a Los Angeles misclassification attorney today. Having a lawyer by your side when trying to prove that you have been misclassified is essential. The lawyers here at Miracle Mile Law Group are trained at identifying what to look for when going up against your employer. These cases are very time sensitive so give us a call at (888) 244-0706 or contact us online for a FREE case evaluation. Remember, we do not take a single dollar unless WE WIN!For example, an employee who is salaried but should be classified as hourly under the law will lose out on overtime pay benefits. These types of cases can be complex and skilled legal counsel is essential.
At Limonjyan Law Group, our attorneys stand up for the rights of workers across the greater Los Angeles area. We can help explain the various rules regarding employee classification and how they may apply to your position. If we find evidence of employee misclassification, we can help pursue the compensation to which you are entitled.
Los Angeles Misclassification Lawyer
Your employer may fail to recognize you as an employee or independent contractor, whether intentionally or unintentionally. The correct classification is not always clear cut, and it may depend on a number of varying factors. The most common employee misclassification in Los Angeles is when an employer wrongfully classifies a full-time employee as an independent contractor.
If your employer has misclassified you, you have the right to file a claim against them. At Limonjyan Law Group, we will help you determine whether you are eligible to file a claim and fight for your rights to get fair compensation. We have handled numerous employee misclassification cases, so you can be sure we will work to serve your best interests.
If you are an employee, you may be disadvantaged when your employer misclassifies you as an independent contractor. For instance, you might have to pay your employer a portion of withholding taxes, you may lose out on important benefits, and you may be responsible for any injuries or accidents that occur on the job.
Massachusetts Misclassified Independent Contractor Lawyer — Steffans Legal The Employment Law Firm
Fortunately, the state and federal government take employee misclassification very seriously. Some of the reasons why the federal and state governments take employee misclassification seriously include:
A company may hire an employee or an independent contractor to perform a similar task, but there is a significant difference between the two. If you are an independent contractor, your employer cannot withhold taxes. However, as an employer, the company can withhold taxes, health insurance, and Social Security from the salary paid.
If you want to file a claim for fair compensation, you must prove that you were misclassified. You are entitled to compensation for unpaid wages and penalties for misclassification. Some of the damages you can recover include:
Misclassification Of Employees In Kansas City
It’s essential to contact an experienced employee misclassification attorney to evaluate the circumstances of your case and determine the right course of action. If you discover your employer has misclassified you, we can help you. Call us today at 213-277-7444 or fill out our online contact form to schedule a consultation with our law firm.
In general, employees who are paid by the hour are entitled to overtime pay for any hours worked in excess of 40 hours per week. There are several different factors that are used to determine whether an employee should be paid by the hour instead of making a flat salary.
Some employers may classify workers as salaried, or exempt, in order to get around the required payment of overtime wages. Another situation where classification issues come into play is whether a worker is considered to be an employee or an independent contractor. Once again, a number of different factors may be used to meet this determination.
Employee Misclassification Attorneys, Nashville Tn
In general, independent contractors have fewer rights and entitlements than employees, and some employers may improperly classify workers as independent contractors in order to save money.
When employee misclassification occurs, workers are deprived of their rights and benefits. We can help determine whether your rights have been violated and pursue any available legal remedies. In addition to English, we speak Spanish, Russian and Armenian, and we provide representation to workers throughout Southern California.Employee misclassification is a serious problem. A San Diego employee misclassification lawyer can help you assess your case and fight for your rights and the benefits you deserve. Contact Ferraro Vega at (619) 693-7727 to schedule a free consultation.
Do you believe you have been misclassified as an independent contractor or exempt employee? If you have, you may miss out on benefits like overtime pay, required rest periods, and other forms of protection.
Exempt Employee Misclassification Lawyer
You may be concerned about retaliation from your employer or unsure about how to proceed. A team of experienced San Diego employment lawyers can be an invaluable asset to help you protect your legal rights and navigate the legal system.
Ferraro Vega San Diego Employment Lawyers focuses entirely on employment litigation with years of experience we put to work on your behalf. We work on
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