Misclassification of Employees
Are you stressed because your employer is not giving you certain benefits that you believe you should be getting? It may have something to do with your employee classification. How your employer classifies you can affect your legal rights. Many employers know this and purposefully are guilty of misclassification of employees to avoid certain responsibilities. There are three classifications used by employers: exempt employees, nonexempt employees, and independent contractors.
Misclassification of Employees | Exempt
An exempt employee isn’t entitled to overtime pay; they’re also not protected by the FLSA. For an employee to truly be exempt, they must fall within a certain category of work or earn more than $455 per week as a salaried employee. Again, though, don’t let the thought of being a salaried professional make you automatically believe that your employer properly classified you. The FLSA doesn’t say all professionals who make salary are automatically exempt. A Phoenix labor and employment lawyer can determine whether you’re properly classified as exempt.
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Misclassification of Employees | Nonexempt and Independent Contractor
A nonexempt employee is an employee who is entitled to overtime if they work more than 40 hours in a work week. They generally earn less than $455 per week, but they may earn more.
An independent contractor is someone who performs specific tasks as an employee might, but they’re not classified as an employee. As such, they aren’t protected by the FLSA. They are required to handle their own taxes. They’re not entitled to unemployment or workers’ compensation. Under Arizona law, when an employer hires an independent contractor, they must secure the designation of an independent contractor by having the worker sign a declaration of independent business status.
If you believe that you may not be properly classified by your employer, reach out to a Phoenix employment lawyer who focuses their practice on helping employees.