Misclassified employees is a way for the employer to save money, one of the prime examples is the person that is salaried as a manager, but does not actually have manager responsibilities. One of the other ways that employers misclassified employees is to label them an independent contractor. Yet, the employer controls their responsibilities and their position. They are treated like an employee instead of an independent contractor.
The reason for misclassifying an employee is that it saves the employer money and when the question is asked is it illegal for the employer to misclassified employees, the answer is yes. Even though employers have been held responsible for misclassifying employees and the damage that it causes the employee, it is still done.
Misclassifying Employees and Accountability
Misclassifying employees is an unfair practice by employers and by bringing together employees that have been treated unfairly in a class action lawsuit, the illegal employer tactics are exposed and the employer can be held accountable. This allows employees that have been treated unfairly to obtain back pay and benefits.
At Ehline law we help to protect employee’s rights, when they have been misclassified workers with the class action lawsuit. If you have been subject to this unfair practice of being a misclassified employee or someone you know contract our class action attorneys.
There is some common tactics employers use to misclassified employees and they are:
• Employee’s excluded from overtime by the employer who misclassified them as a manager, but their job has not changed, just the fact that they do not get overtime pay. When employee has no managerial responsibilities or the power of manager and continues to do the same work as always, but is exempt from overtime pay, this is unfair to the employee and it is illegal.
• Being misclassified means that an employee can be labeled an independent contractor and this can save the employer money, because the independent contractor is not entitled to employee benefits. If the independent contractor is treated like an employee; which means they work certain hours and are required to do the same tasks as other employees, then they should be entitled to employee benefits. It is illegal for employers to label someone a contractor and treat them like employee, and it is unfair to withhold employee benefits.
When you have been labeled or misclassified by employer as a manager or independent contractor in name only and treated as employee, you are entitled to the benefits that are being withheld. It is important to legally hold the employer responsible along with other employees in a class action lawsuit. When you have been treated unfairly by your employer and misclassified contact Ehline Law to discuss your situation.