Leading Employment Litigation Firm
The wage and hour attorneys at Ahdoot & Wolfson, PC have decades of experience litigating claims against employers for unpaid wages, overtime, vacation, regulatory violations with respect to meal and rest breaks, and more. We have a long and consistent track record of success against employers who have wronged their employees, including class action disputes brought against large corporate employers.
Unlawful Wage and Hour Practices
In California and throughout the country at large, there are wage and hour protections in place thanks to decades of cumulative legislation.
Despite these statutory protections, however, employers often skirt their responsibilities in an attempt to minimize costs and extract additional labor from their employees. Employers may engage in routine daily violations — or major violations, like misclassifying employees — in the hopes that the employee will not recognize that there has been a violation.
These wage and hour practices are unlawful but common. Fortunately, with effective legal assistance, you can pursue justice and secure the compensation that you’re owed under California law.
Exempt vs. Non-Exempt Classification
In California, an employee who spends over half their time performing non-administrative, managerial tasks is defined as a “manager” under the law and is therefore exempt from overtime pay. This creates a substantial financial incentive for employers to misclassify otherwise non-exempt employees as “managers” so as to avoid having to pay overtime (which is calculated at 1.5 times the hourly rate).
Here at Ahdoot & Wolfson, PC, we have extensive experience with litigating claims against employers who have misclassified an employee as exempt in an attempt to avoid having to pay overtime. It is our belief that this sort of misconduct must be punished to the full extent of the law — not only for the benefit of the misclassified employee but also to put pressure on bad actors to cautiously comply with the law.
Employee vs. Independent Contractor Classification
California law entitles workers who have been wrongly classified as independent contractors (as opposed to employees) to bring a wage and hour lawsuit, which would potentially give them the right to damages for unpaid wages, overtime and rest and meal breaks, along with interest and other penalties.
In today’s vibrant “gig” economy, it is becoming increasingly common for employers to utilize independent contractors. Contractors save employers significant amounts of money through tax avoidance and reduced labor protections (i.e., no overtime, no rest and meal breaks, etc.).
Due to these benefits, however, employers often misclassify workers as independent contractors. Independent contractors retain control over the provision of their services and courts will determine whether control has been retained by evaluating factors that include location, hours and supervision.
Seek Legal Guidance From Our Knowledgeable Attorneys
Contact us today for a free initial consultation to determine your legal rights and potential remedies. An experienced employment attorney at our firm will personally handle your matter.
Ahdoot & Wolfson, PC believes that client-focused representation is fundamental to effective advocacy. We work closely with clients from an early stage, making ourselves accessible so that we can build attorney-client trust and gather the sort of detailed information necessary to secure a win.
We routinely take on complex cases on a contingency basis, and we have the resources necessary to finance litigation costs. No costs or fees will be charged to the client until and unless a successful result has been achieved.