English 
Spanish If your employer misclassified you as an independent contractor or exempt employee, you may be entitled to recover compensation for the wages and benefits you were denied. In many cases, that means recovering money for pay you should have received but didn’t.
Misclassification often results in workers losing out on important legal protections and earnings they rightfully earned. Below, our employment law attorneys provide a clear breakdown of the types of compensation you may be able to recover and what you should know if you believe your employer got it wrong.
What Is Employee Misclassification?
Employee misclassification happens when your employer labels you incorrectly to avoid providing certain wages or protections. This usually takes one of two forms:
- Classifying you as an independent contractor instead of an employee
- Labeling you as “exempt” to avoid paying overtime
If you were misclassified, you may have been denied rights guaranteed under the California Labor Code and the Fair Labor Standards Act (29 U.S.C. § 201 et seq.). Employers sometimes make these classifications to reduce costs, but that doesn’t make it legal.
When you are misclassified, the result is often the same: you are not paid everything you are owed. That’s where compensation comes into play.
Unpaid Wages You Can Recover
If your employer misclassified you, there’s a strong chance you were not paid for all the time you worked. Under California law, you are entitled to be paid for every hour you work, and any shortfall can be recovered.
This may include:
- Hours you worked but were never paid for
- Gaps between what you were paid and the applicable minimum wage
- Wages that were only partially paid or withheld
In a misclassification case, you can recover the difference between what you were paid and what you should have earned. As a baseline principle, you are entitled to every dollar you worked for.
Overtime Pay You Were Denied
One of the most common consequences of misclassification is unpaid overtime. If you were labeled as exempt or as an independent contractor, your employer may have avoided paying you time-and-a-half for extra hours.
Under LAB § 510, non-exempt employees must receive overtime pay for qualifying hours. The Fair Labor Standards Act also requires overtime compensation at 1.5 times your regular rate.
If you regularly worked long hours without proper overtime pay, you may be able to recover those unpaid wages. Over time, this can represent a substantial portion of your total damages.
Missed Meal and Rest Break Compensation
California law requires employers to provide meal and rest breaks during the workday. If you were misclassified, your employer may not have tracked your hours properly or provided these required breaks.
Under LAB § 226.7, you may be entitled to premium pay for each missed meal or rest period.
These violations can add up quickly, especially if they occurred regularly. If your employer failed to provide proper breaks, that lost compensation may be part of your claim.
Reimbursement for Business Expenses
If you were misclassified as an independent contractor, you may have been required to cover business expenses that should have been your employer’s responsibility.
Under LAB § 2802, employers must reimburse employees for necessary business expenses, which can include:
- Mileage or gas used for work
- Tools or equipment required for your job
- Work-related phone or internet usage
When you are misclassified, these costs are often shifted onto you unfairly. You may be able to recover those out-of-pocket expenses as part of your case.
Penalties, Interest, and Additional Damages
In addition to unpaid wages, California law allows for additional penalties that can significantly increase the value of your claim.
Depending on the circumstances, you may be entitled to:
- Waiting time penalties
- Wage statement penalties
- Interest on unpaid wages
- Attorney fees in certain cases
These forms of compensation are designed to hold employers accountable and ensure that wage violations are taken seriously.
Compensation for Retaliation
If you raised concerns about your classification or filed a claim, your employer is not allowed to retaliate against you.
Under LAB § 98.6, it is illegal for an employer to terminate, demote, or otherwise punish you for asserting your rights. If retaliation occurred, you may be entitled to additional compensation, which can include:
- Back pay for lost wages
- Front pay for future lost earnings
- Emotional distress damages
- Reinstatement in some cases
Retaliation claims can significantly increase the overall value of your case.
What Affects How Much You Can Recover?
Every misclassification case is different, and the amount you can recover depends on several key factors.
These often include:
- How long you were misclassified
- How many hours you worked
- Your rate of pay
- The type and severity of the violations
- The documentation available to support your claim
The more extensive the violations and the stronger your evidence, the more you may be able to recover.
How a Lawyer Can Help Maximize Your Compensation
Misclassification cases can be more complex than they first appear. Determining your proper classification and calculating your damages requires a careful understanding of both the facts and the law.
A misclassification lawyer can evaluate your situation, identify all potential sources of compensation, and build a case that reflects the full value of your claim. This includes gathering evidence, negotiating with your employer, and preparing your case for litigation if necessary.
Having the right legal guidance can make a meaningful difference in the outcome of your case. If you believe your employer misclassified you, it’s important to understand what your case may actually be worth. You may be entitled to more than just unpaid wages, especially when penalties and additional damages are considered.
Speak With an Employment Lawyer About Your Misclassification Case
At KJT Law Group, you work directly with an employment law lawyer who takes the time to understand your situation and develop a legal strategy tailored to your needs. Our law firm is committed to providing personalized support and pursuing the full compensation you are owed.
Consultations are free, and you pay nothing up front. If you’re ready to understand your rights and take the next step, speaking with an employment lawyer can help you move forward with confidence. Call us today.
The information in this post was written as advertising material and is intended for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. No attorney-client relationship is formed by viewing this advertisement or contacting our firm. Past results, including verdicts and settlements, are not indicative or predictive of future results or outcomes. The information on this website does not constitute a guarantee, warranty, or prediction of the outcome of your case. “No fee unless we win” refers to attorney fees only. Client may still be responsible for costs. Vache Thomassian, Esq. | CA BAR: 289053 | Caspar Jivalagian, Esq. | CA BAR: 282818 | 230 N. Maryland Ave. Suite 306, Glendale, CA 91206, kjtlawgroup.com, (818) 507- 8525, info@kjtlawgroup.com
