Employee Misclassification Is Common And Can Seriously Impact Massachusetts Workers
How an employee is classified — as exempt, nonexempt or a contractor — matters a great deal to the bottom line for employers and employees alike. Employers commonly misclassify obviously nonexempt workers as exempt or as independent contractors, sidestepping employees’ rights to overtime and other benefits under the Fair Labor Standards Act (FLSA) and Massachusetts labor laws.
At The Employee Rights Group, LLC, we represent employees who have been misclassified to deny them the compensation they have earned. The claims we file seek back pay and restoration of benefits. We also represent employers that maintain that allegations of employee misclassification are not borne out by the facts.
Our attorneys offer exceptional representation to our clients, regardless of which side of an issue they are on. We feel that in-depth knowledge and understanding of both sides of an issue allow us to better protect the interests of our clients, whether they are employees or employers. We are aggressive in pursuit of our clients’ goals.
Classification Of Employees According To State And Federal Law
Nonexempt: entitled to overtime pay above 40 hours weekly
Exempt: not entitled to overtime pay, based on the nature of their job description; often working in management, professional, administrative and outside sales roles
Contractor: not an employee at all, but an independent worker not entitled to overtime or benefits. Independent contractors are liable for accidents and tax liabilities.
Obviously, it benefits an employer to pay as little overtime as possible. This results in many employees being classified as exempt or as contractors even though the work they do may more closely fit the nonexempt category.
Misclassification cases require thorough knowledge of relevant past cases, as well as the current political climate. Our lawyers pride themselves on staying informed of changes in the law, interpretations arising from case law decisions and the general sway of popular political opinion.
If you suspect that you have been misclassified to deny rightful compensation or your company has been wrongly accused of misclassifying workers, talk to one of the lawyers at The Employee Rights Group, LLC in Boston. Our attorneys can advise you on the viability of your case and potential compensation. Call 774-847-7390 or write to us with your questions.