Misclassified as Exempt

You’ve been given a promotion

Misclassified as ExemptYou now hold the title “manager”, and they’re paying you a salary instead of hourly.  But things don’t really seem to have changed for the better.  You’re working longer hours, and doing the math proves that you’re actually making less per hour than before, since you’re no longer being paid overtime.  On top of that, notwithstanding your new title, you don’t seem to be managing any employees.  In fact, your duties are more or less the same as before the promotion.

If this sounds familiar, you may be a misclassified employee.  In order to save money on labor costs, some companies willfully misclassify their employees as exempt.  A salary and a title on a business card do not automatically make you an exempt employee.  It’s important to consider the duties actually performed.  Even if you signed an employment agreement, California law prohibits employers from waiving certain legal rights in a contract.

If you think you’ve been illegally misclassified as exempt, contact the employment lawyers at CounselOne to schedule a free consultation.

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