DC Employee Misclassification Lawyer
Employees who are misclassified by their employers risk losing their minimum-wage and overtime law protections. This is an illegal practice and could lead to underpayment. It might be crucial to work with an experienced employment attorney at Spiggle Law to better understand your rights. If you are suspicious of your employer dismissing your minimum-wage and overtime rights, call a DC employee misclassification lawyer today to take a look at your employer’s actions.
Misclassifying an Employee’s Working Status
An employer misclassifies an employee when they assume that employee is exempt under overtime and minimum-wage laws or that they are an independent contractor.
Employers have certain obligations to their employees such as unemployment benefits if the employee is laid off or fired, retirement benefits, health care, minimum wage, overtime, and timely payment. Therefore the difference between an employee and an independent contractor is an important distinction.
DC law looks at how central an individual’s services are to a business to determine whether they are an independent contractor. For example, a custodian who cleans up at the end of the day is more likely to be classified as a contractor than someone who is actually making wages. Another big factor is how much control the employer has. The custodian, for instance, might come in after business hours, clean up, and then leave, during which time they are not under anyone’s supervision. They do not have to report to any higher-ups, and they do not need to be monitored. Additionally, the longer and more consistent the working relationship is, the more likely it is to be classified as an employment relationship. However, if you have any questions about your classification as an employee, contact a dedicated misclassification lawyer in DC.
Exempt Versus Non-Exempt Employees
DC’s equivalent to the federal Fair Labor Standards Act establishes that certain workers are exempt from wage law protections. For example, administrators, executives, and professional outside salespeople fall under exemptions and are not protected by the laws.
The higher an employee’s salary is, the more likely they are to be exempt, but not all highly paid employees are exempt. The laws about who is or is not exempt are complex, so it is a good idea to consult a DC employee misclassification lawyer. An experienced attorney could review your situation and help determine whether you are exempt or non-exempt to certain employment law protections.
Contact a DC Employee Misclassification Attorney
As an employee in Washington DC, you are protected by both federal and local wage laws. However, if an employer has misclassified you, you could be missing out on the wages to which you are legally entitled. It could be in your best interest to call a DC employee misclassification lawyer to examine your employer’s actions and intentions. Let our dedicated attorneys at Spiggle Law help you advocate for your employee rights. Call today and set up a consultation and click here to review our free case assessment.