Skip to content

MA Employee Rights

Just another WordPress site

Menu
  • Home
  • About
  • Articles
  • Civil Rights
  • Thank You
  • Contact
  • Blog

Misclassification Of Employees

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 [nap_names id=”FIRM-NAME-3″], 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 [nap_names id=”FIRM-NAME-3″] in Boston. Our attorneys can advise you on the viability of your case and potential compensation. Call [nap_phone id=”LOCAL-REGULAR-NUMBER-2″] or write to us with your questions.

Back To Top

Recent Posts

  • Hello world!
  • Employee Rights Group, Llc, Secures A Victory For Retail Sales
  • Attorney at The Employee Rights Group, LLC, Named to the 2017 Massachusetts Rising Stars List
  • Alleged retaliation leads to wrongful termination
  • Unpaid overtime is a violation of wage and hour laws

Recent Comments

  • A WordPress Commenter on Hello world!

Archives

  • April 2021
  • May 2019
  • November 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015

Categories

  • Employee Rights
  • Employment Disputes
  • Uncategorized
  • Wage & Hour Laws
  • Workplace Discrimination
  • Wrongful Termination

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

menu

  • About
  • All Pages List
  • Articles
    • A closer look at disability discrimination in Massachusetts
    • Age discrimination alive and well in today’s workplaces
    • An overview of wage and hour laws in Massachusetts
    • An update on Massachusetts wage and hour laws in 2016
    • Gender discrimination can have serious effects in the workplace
    • Illegal employment discrimination under federal and Massachusetts laws
    • Males can be victims of sexual harassment too
    • Massachusetts considers new pregnancy leave law
    • Massachusetts law a step toward eliminating gender pay gap
    • Massachusetts’ Sick Time Law Takes Effect This July
    • Non-compete agreements: Understanding the basics
    • Pregnancy discrimination: What Massachusetts workers should know
    • Severance agreements can provide valuable benefits after your job ends
    • Sexual harassment in Massachusetts: What employees need to know.
    • Studies reveal most restaurant workers subject to sexual harassment
    • The intersection of medical marijuana and a drug-free workplace
  • Blog
  • Boston Employment Law Office
  • Business Litigation
    • Restrictive Covenants
    • Severance Agreements
  • Civil Rights
    • Section 1983
  • Contact
  • Disclaimer
  • Employment Discrimination
    • Age Discrimination
    • Criminal Record Discrimination
    • Disability Discrimination
    • Family And Medical Leave Act And Massachusetts Law
    • Gender & Pregnancy Discrimination
    • National Origin Discrimination
    • Racial Discrimination
    • Reasonable Accommodations (ADA)
    • Religious Discrimination
    • Sexual Orientation Discrimination
    • Whistleblowers
  • Home
  • Privacy Policy
  • Results
  • Sample Page
  • Search
  • Sexual Harassment
    • Hostile Work Environment
    • Quid Pro Quo
  • Site Map
  • Thank You
  • Wage And Hour
    • Defense Against Wage And Hour Claims
    • Massachusetts Claims For Unpaid Wages
    • Minimum Wage
      • Prevailing Wage Law
      • The Fair Labor Standards Act And Massachusetts Law
      • Tip Violations
    • Misclassification Of Employees
    • Nonpayment Or Late Payment Of Wages And Commissions
      • Miscalculation Of Commissions
      • Unpaid Final Wages And Commissions
    • Unpaid Wages
      • Failure To Reimburse Business Expenses
      • Inside Sales Representative Claims
      • Off-The-Clock Work
      • Salaried Worker Overtime
      • Sunday Overtime Pay
      • Unlawful Wage Deductions
      • Unpaid Internships
      • Unpaid Meal/Rest Breaks
      • Unpaid Overtime
      • Unpaid Service Charges
      • Unpaid Vacation Or Personal Time
    • Wage And Hour Class Actions
      • Lead Plaintiff In A Wage And Hour Class Action
    • When Your Employment Is Coming To An End

Main Menu

  • Home
  • About
  • Articles
  • Civil Rights
  • Thank You
  • Contact
  • Blog
MA Employee Rights. Theme by Grace Themes