Employee Misclassifications

Southern California Employment Law Attorneys

Protecting Clients from Employee Misclassification

In California, employers often misclassify employees to avoid paying overtime. At the Law Offices of Kevin T. Barnes, we have a deep background holding employers accountable for misclassifications.

Concerned about unpaid overtime? Contact us to schedule a free initial consultation with one of our experienced lawyers.

Strong Background in Employment Law

Before employment law actions became common in California, the attorneys at the Law Offices of Kevin T. Barnes were fighting to protect people misclassified as exempt employees. We have helped hundreds of employees, over more than 20 years, including administrative, executive, and professional employees.

Attorney Kevin Barnes, has been recognized by Southern California Super Lawyers magazine for his work representing employment and labor law clients for the last three years. Together, Mr. Barnes and attorney Gregg Lander have a deep understanding of the California Labor Code. They hold companies responsible for failing to pay non-exempt employees overtime pay—for more than 8 hours worked in one day or more than 40 hours worked a week.

In 2008, Mr. Barnes represented a group of managers against Staples, which resulted in a $38 million dollar lump sum settlement to the Assistant Managers, who were misclassified. This settlement was reached two weeks before trial and was the largest managerial misclassification settlement in California at that time.

Determining Exempt Versus Non-Exempt Employees

If you are concerned that you have been misclassified, you need an experienced lawyer. This is a complex legal area. For example, salaried employees are not necessarily exempt from overtime pay and meal breaks.

Someone's job title does not determine if he or she is an exempt employee. Instead, the job duties one performs determines the classification. Intentionally or unintentionally, employers often make mistakes about employee classification. You are likely not alone. We have a strong background representing clients in class action lawsuits and will determine if other clients have similar allegations of employee misclassifications.

Contact Us About Employee Misclassification

Our attorneys have an extensive background representing clients with allegations of employee misclassifications. Contact us to schedule a free initial consultation.