It is important to understand employee classification and the proper category that your job falls under if you are employed. Being misclassified with an exemption may be keeping you from labor rights as an employee with a company. By understanding what your job entails and the correct classification, you can determine your rightful pay, job responsibilities, and title with your employer.
Misclassifying an employee in Kansas City is against the law, and there are severe penalties for employers that knowingly and intentionally misclassify their workers. At Hollis Law Firm, our employment attorney has years of experience helping clients regain their rights and benefits as an employee. If you have been misclassified as exempt by your Kansas City employer, continue reading to discover the next steps you should take.
What Is Employee Classification?
State and federal laws address the need for businesses owners to declare the correct type of classification for their employees. When individuals are working off the books, paid in cash without any records, or treated as self-employed (independent contractors), they might be misclassified. Sometimes employers use misclassification to bypass labor rights for employees and be free of the responsibility to provide benefits, overtime, employer tax contributions, health insurance, and other rights for employees.
It is against the law for employers to purposely misclassify their workers, which is also bad for a business, employer, and employees. Knowing that you are correctly classified, you can ensure that you are being offered the benefits you are entitled to by the work you do within the parameters that permit you to these wages and benefits. Being classified as exempt means you are not entitled to overtime pay and other benefits typically offered to hourly employees. Not every job qualifies for the exemption, and if you are wrongfully added to this category, your employer may be abusing your labor.
How Do I Know If I Have Been Misclassified as Exempt?
Determining whether you are appropriately classified may be confusing; however, there are resources available to you when figuring out if your employer has classified you correctly in Missouri. Utilizing the IRS 20-factor test, you can quickly determine if you may be classified improperly. This assessment considers specific details of your job, how you are paid, what work you perform, and other aspects of your employer-employee relationship.
According to the Department of Labor, there are different types of exemptions in categories such as executive roles, administrative roles, professional exemption, blue-collar work, and others. A key difference between exempt and non-exempt workers is that non-exempt workers are entitled to the protections listed under the Federal Labor Standards Act, which sets minimum wage and overtime requirements. A skilled employment lawyer can help you determine whether you are being treated fairly and appropriately classified by your employer. Every employee has the right to know the laws and regulations that govern and protect their labor within their employment.
Steps to Take after Being Misclassified as Exempt in Kansas City
If you have determined or are speculating that your employer misclassified you, it is essential to contact an attorney right away. An employment lawyer knows the state and federal laws that can help you resolve the case. With a skilled attorney, you can make your claim and report illegal activity that has kept you from receiving the benefits and wages owed to you.
The penalties for misclassifying employees are often dependent on the number of offenses and severity of an employer’s case. Typically, employers face financial penalties and misdemeanor or felony charges. The penalties that a convicted person faces can increase with repetitive attempts. Facing these charges is very serious and can damage the company or business reputation as a whole.
Contact a Skilled Employment Attorney at Hollis Law Firm for Professional Legal Representation in Missouri
At Hollis Law Firm, we are committed to helping our clients in Kansas City by representing them in a courtroom and standing up for their rights. If your employer has neglected to provide you the benefits you are entitled to and has attempted to misclassify your employment, you may be able to file a claim against them. Contact our law firm via our contact form or give our office a call at (800) 701-3672 to schedule your free consultation.