Employer Misclassification

Many currently classified exempt employees are surprised to learn they actually should be nonexempt and have been misclassified by their employer. Whether this was done to avoid having to pay overtime wages or simply because the employer does not understand employment laws, we can help make sure your rights as an employee are upheld.

Highly Experienced California Nonexempt Employee Rights Attorneys

At Gigliotti & Gigliotti, we are intimately familiar with California law governing exempt employees. With more than 25 years of experience, we are extremely knowledgeable and skilled in employer misclassification matters. Remember, it is not how you get paid that determines whether you should be exempt or nonexempt. There are other factors and details that are considered. Let us help you determine your true status as an employee and seek any unpaid overtime wages.

Complete our online contact form to request a free initial telephone consultation to discuss your potential case.

Our Employee Misclassification Practice

We help with all types of jobs and industries in making sure an employee is properly classified as an exempt employee. From doctors, nurses to administrative workers and truck drivers, we can help assert your rights. Types of misclassified employees include:

  • Misclassified IT employees: We can educate you about the special rules for exempt computer professionals regarding minimum wage and overtime requirements.

  • Misclassified executives, administrative and professional employees: From administrative workers to executives, we can help determine whether you are wrongfully classified as exempt.

  • Misclassified health care workers: We have helped doctors, nurses, at-home health care employees and personal attendants obtain unpaid overtime wages for being misclassified.

  • Independent contractors: Are you misclassified as an independent contractor (versus an employee) and therefore entitled to additional compensation? A lawyer at our firm may be able to help you. Learn about the differences between independent contractor and employee status.

Truck Driver Claims

As a truck driver, no matter what the "culture" has been among other employees you work with, you are entitled to a meal and/or rest break. Under California law, waiving a meal break or requiring an employee to take a break at the beginning or end of a shift is prohibited. Many truck drivers find themselves in these situations due to route and delivery schedules that do not allow time for a meal or rest break. Even if you get paid partially by the hour and partially by commission, you could be wrongfully classified as an exempt employee. Let us help you assert your rights as an employee and obtain any unpaid overtime wages.

Contact Us For A Free Initial Phone Consultation

Are you working long hours and never getting paid overtime? You may have an employer misclassification case. Let us discuss the specifics of your exempt employee case in a free initial phone consultation. Call Gigliotti & Gigliotti today to schedule your consultation.