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Exempt vs Non-Exempt Employees in Los Angeles

Exempt vs Non-Exempt Employees

The Fair Labor Standards Act (FLSA) and California overtime laws provides certain rights for nonexempt employees regarding hours worked and overtime pay, equal work for equal pay, and child labor protection. In general, work that requires advanced knowledge, creativity, or invention and imagination, is considered exempt from overtime requirements. Work that involves manufacturing or prescribed procedures is typically classified as "nonexempt."

Problems arise when employers improperly classify nonexempt workers as "exempt" or assign nonexempt tasks to exempt employees. In other cases, an employer may knowingly classify nonexempt employees as exempt in order to avoid paying overtime. At the Rubin Law Corporation, our  Los Angeles overtime attorneys work to hold employers liable for violations of California overtime laws and FLSA requirements.

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Los Angeles Overtime Law Attorneys

If you believe you've been denied overtime pay due to a misclassification of your status, contact the overtime law lawyers in Los Angeles at the Rubin Law Corporation today. We have the experience and resources needed to represent employees in class-action lawsuits.

Determining Whether or Not You Have a Case

In today's economy, it's not uncommon for companies to lay off workers in order to meet earnings targets dictated by Wall Street analysts. In the process, exempt employees may be asked to perform non-exempt tasks laid-off workers had previously performed. Additionally, a job that once allowed for creativity and imagination may become highly structured and rigid. Here, an employer may have to reclassify employees. Our attorneys can review the specifics of a job and determine if there is a legitimate classification question that needs to be litigated under the terms of the FLSA or under California overtime laws.

Establishing FLSA Violations and California Overtime Law Violations

In preparing and building our client's case, our attorneys review job descriptions, internal company documents, job responsibilities, time sheets, and other information. We look at how companies calculate and monitor workload, revenue streams, and job responsibilities. If an employer has structured the workplace like a manufacturing environment, we press managers and executives to justify classifying employees as exempt under the conditions in which they function. Often, internal documents and project management tools will expose contradictory claims on the part of corporate officials and managers who try and defend how they've classified employees.

Contact a Los Angeles Overtime Law Attorney Today!

If you've been misclassified as an exempt employee, your employer is liable for any overtime you worked while misclassified. For more information on California overtime laws or FLSA issues and how we can help you, contact an overtime attorney at the Rubin Law Corporation today to schedule an appointment to discuss your case.

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"I never worked with a lawyer before Mr. Rubin. He and his legal team made all the daunting legal stuff not so daunting. It's difficult to paint a complete picture of my state when I first met Steven. The company I had been employed by for over 20 years had just fired me and accomplished this through lies, humiliation and defamation of character. When I came to The Rubin Law Firm I was at a very low point in my life but after hearing my story Steven could see I had been wronged and started to work on making things right."

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"It is without hesitation that I would recommend Steve Rubin as an attorney. I interviewed many prospective lawyers for my employment law case, but none came close in regards to their knowledge of the law and ability to relate to my needs as a client. Since I had a Whistleblowing case, suing a large institution with their own team of lawyers, it was important for me to have an attorney that I had complete confidence in, and felt was always on my side and willing to do the extra work that was required for a successful outcome. We were able to settle our case during the deposition phase, and were thus able to avoid the drama and trauma that accompanies a court trial. The award has enabled me to walk away from the situation with dignity and pride, and a sense that justice had prevailed."

- Sasha, Nov. 17, 2011

"Kudos! to Mr. Steven Rubin. Mr. Rubin is highly professional, and possesses solid legal acumen. I highly recommend Mr. Steven Rubin."

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