What Is Worker Misclassification?

Worker misclassification happens when an employer claims that their workers are independent contractors, but those workers are actually employees. This may be done to prevent the employee from getting certain benefits that they would otherwise enjoy, including overtime, workers’ compensation and health care. Misclassifying an employee could be a form of wage theft by the business owner.

Here at Poncio Law Offices, P.C., we understand how complex employment laws can be and how common misclassification is. We know what red flags to watch for and the appropriate legal steps to take when misclassification becomes apparent. We have decades of combined experience, and our founding attorney is double board-certified in both labor and employment law and civil appellate law. We have been recognized routinely for offering effective legal services and putting our San Antonio clients first. Texas employees who are facing serious issues at work need to call us to fight for their rights.

Is Salaried Work Exempt From Overtime Pay?

A related issue that employees will sometimes run into is that they believe they should receive overtime pay but they are not hourly employees. They have a set salary. In many cases, a salary will be eligible for overtime pay, but not always.

In general, both Texas and federal law state that salaried employees who work more than 40 hours in a single week should get overtime pay. There are two exceptions to this rule. The first is if the salary is more than $455 per week. The second is if the employee is exempt due to their executive, administrative or professional position.

Call Today For A Free Consultation

If you believe that you have been misclassified by your employer or that your employer has failed to pay proper overtime, contact one of our lawyers online or call 210-441-7058 today to set up a free and confidential consultation. We will be happy to help you explore the legal options in your unique case.