Misclassification

Misclassification Claims Based on Independent Contractor Status

One of the biggest issues in California labor law right now is misclassification of workers as independent contractors, and Wood Litigation, APC is at the cutting edge of the discussion. Wood Litigation, APC has successfully defended employers alleged to have misclassified workers in San Francisco Bay Area courts.

Wood Litigation, APC is well-versed in the case law dealing with classification of workers as independent contractors and very well-versed in the new statute known as AB5, which seeks to raise the bar. But, AB5 does not require all workers be classified as employees.

Wood Litigation, APC has been advising employers on when they can and cannot classify a worker as an independent contractor and defending employers from wage and hour claims based on misclassification for many years with success. Employers who have been classifying workers as independent contractors who have questions, or who are facing claims, should contact the firm.

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Misclassification Claims Based on Exempt Status

The California Fair Employment and Housing Act, and the federal Fair Labor Standards Act, exempt employers from paying minimum wage and overtime pay for several categories of workers: executive, administrative, professional and outside sales consultants. 

With regard to wage-and-hour issues, employers that violate the statutory requirements because they, for example, misclassified a worker, can face expensive, damaging lawsuits. The claims of numerous, similarly-affected employees may even result in class action or a private attorney general action (PAGA).

Greg and the attorneys at WLAPC have successfully litigated on behalf of employers who are claimed to have misclassified workers as exempt. In one case, Wood Litigation, APC attorneys marshalled evidence that showed that the worker exercised considerable discretion in support of the argument that the worker was properly classified as an exempt worker. In another case, attorneys were able to show the plaintiff was simply not credible with respect to his hours worked, killing the worker’s minimum wage and overtime claims.

Wage and hour laws are complicated and the rules governing exempt status add to the complexity. There are many cases, based on many different case facts, that in come instances give conflicting guidance. Employers must hire attorneys that are aware of the nuisances and can use that to the employer’s advantage, to beat employee claims. Wood Litigation, APC attorneys have that knowledge and the experience needed to win.