02 Mar Different Employment Classifications
There are three different employment classifications. Two of them fall within the employee classification. The other one falls into the independent contractor classification.
Different employment classifications: Two types of employees
The first are a exempt employees. An exempt employee is an employee that the labor code exempts from minimum wage and overtime requirements. The labor code sets out certain requirements to be exempt. Employees that meet those requirements are exempt.
The second are non-exempt employees. Under the labor code, minimum wage and overtime pay requirements apply to non-exempt employees. This is the default classification for employees. Therefore, courts presume an employee is non-exempt unless the employer can affirmatively show they fit into one of the exempt categories.
Non-employee classification: Independent contractors
Lastly, there are independent contractors. Independent contractors are not employees. Any person an employer pays for work who is not an employee, is an independent contractor. Much of state and federal labor and employment law does not apply to independent contractors. For example, there is no minimum wage for independent contractors. Furthermore, employers need not provide benefits to independent contractors. But California law presumes employee status, so employers must prove someone is eligible to be an independent contractor if it comes before a court.
These are the different employment classifications. If you have a job, you fall into one of these three categories. Unfortunately, employers regularly misclassify workers to save money. For example, your employer may classify you as exempt to avoid paying you overtime. But the law is independent of your employment agreement. As such, the law may still consider you non-exempt, even if your employer treats you as exempt. Instead, it simply means that your employer has misclassified you. Fortunately, the law provides remedies to victims of misclassification. Therefore, you should not assume that you are stuck with your classification even if you believe it is wrong.
If you have question about how your employer has classified you, contact the Khadder Law Firm today for a free initial consultation.