What Should You Do If You Find Out Your Job is Misclassified as Exempt?

When you get a job, you might be excited about the pay or that you have a job at all. There is nothing wrong with this because everyone deserves to have a job and support themselves or their family. However, you might end up in a job where you have been misclassified as an exempt employee or independent contractor. Continue reading to learn what to do when it is clear your employer has misclassified you.

A Commonly Misclassified Job

Construction workers are commonly misclassified because they might bounce from job to job instead of staying with the same company. Most of these large construction companies work in varying locations, and they need workers who are flexible.

The company also wants to remain flexible, and they might misclassify a construction worker to save money and time. Construction workers work long hours, need breaks, and often do not realize they have been misclassified because they are too busy worrying about the dangers of their job and working as quickly as possible.

What Are the Key Differences Between Exempt and Non-Exempt Employees?

Non-exempt employees get:

  • Paid on a W-2
  • Rest and meal breaks
  • Overtime
  • Workers’ compensation coverage in case of injuries on the worksite

Exempt employees are not guaranteed any of these things. You will pay more in taxes at the end of the year because your employer is not contributing to your payroll taxes. You will need to pay for your own medical bills if you are hurt on the job. You do not get overtime pay, and you are not guaranteed rest and meal breaks at specific intervals as defined by California law.

What Should You Do When You Know the Truth?

When you discover that you have been misclassified, you might have gotten your first paycheck only to notice that no taxes have been taken out. You should immediately go to a supervisor who can give you more direction. You can give your employer a chance to correct this problem, but they might not. If you were led to believe that you would receive the benefits an employee is entitled to, you should reach out to an attorney immediately.

Some misclassified employees do not realize that they have been mistreated until they look around and notice that everyone else gets breaks during the day, gets paid overtime, and has insurance coverage in the event of an accident. We noticed when friends at the job site were getting paid overtime.

While it may be a difficult decision, you might also want to seek other employment opportunities because you should not allow an employer to steal your time and talents.

Hire an Employment Lawyer Who Can Help You

We took a look at the Drew Lewis Law website, and that is ultimately what helped us make the best decisions for our family. When you speak to an employment lawyer who knows how to investigate a case such as this, you do not have to worry about how you will deal with your employer.