Ventura Misclassification of Non-Exempt Employees Lawyers

Serving Ventura County and California 

When California employers decide to cut costs by paying non-exempt employees a salary and calling them “exempt,” workers call on Strauss & Strauss, APC to recover unpaid overtime. So far, we have recovered millions of dollars for these misclassified-exempt employees.

Examples of recent misclassification cases we have taken include:

• Misclassified as exempt employee: Employer wrongfully paid dishwasher repair man as salaried-exempt and did not pay them overtime
• Misclassified as exempt employee: Employer wrongfully paid computer software technicians as salaried-exempt even though they did not earn enough per hour to make them exempt under California law
• Misclassified as exempt employee: Employer wrongfully paid office administrator as exempt in order to avoid having to pay overtime
• Misclassified as exempt employee: Employer wrongfully paid employee of dry cleaner as exempt from overtime, but she did not exercise discretion and independent judgment over 50% of the time
• Misclassified as independent contractor: Employer paid employee with 1099 even though he was not an independent contractor
• Misclassified as exempt employee: Large class action recovery against employer who classified pest control inspectors as exempt

Learn more about California wage and hour law in our frequently asked question (FAQ) section.

Non-Exempt Workers Misclassified as Exempt

California employers like to cut down on their payroll expenses in creative ways. One such way is to pay non-exempt employees as exempt; that is, they put a non-exempt worker on a salary and think that this should make them exempt from overtime, meal periods, double time, and more.

Glossary: 

• “Exempt” means the employee doesn’t need to be paid overtime or double time.
• “Non-exempt” means the employee needs to be paid overtime and double time.

Putting a non-exempt worker on a salary does not make that employee exempt. A worker is exempt only if they fit into very narrowly defined categories.