Employee Misclassification Lawyers in Houston
Has Misclassification Taken Money Out Of Your Pocket?
One of the most common wage and hour violations committed by employers is misclassification. This refers to an employee who should be classified as nonexempt and provided an hourly wage, but is instead classified as exempt and offered a salary in order to avoid overtime pay.
If this has happened to you, arrange a consultation with a Houston employee misclassification attorney at Kennard Law, P.C. We can help.
Should You Be Getting Overtime Pay?
Are you getting a salary and working more than 40 hours a week? In order to be classified as exempt and paid a salary, employees must perform high-level job duties as defined by the Fair Labor Standards Act (FLSA). These duties may include management work or outside sales. It is unlikely that the duties performed by secretaries, retail workers, or laborers qualify as exempt. If you work this type of job and are not being paid overtime, you should consult an experienced Houston employee misclassification lawyer.
How Do Employers Misclassify Workers?
There are several red flags that workers should look out for to help determine whether they are currently being deprived of their right to overtime.
- Independent contractor misclassification: Companies can intentionally classify a worker as an independent contractor, which means these workers lose out on benefits and overtime. If a company exerts a high amount of control over your work and provides the tools/materials for your job, you may actually be considered an employee.
- Abuse of job titles: Your employer may use an inflated title such as "assistant manager" or "supervisor" to justify not paying you overtime. The job duties test is based on the duties themselves, not the title of the job. In other words, just because an employee is called a supervisor does not make him or her exempt if he or she is not performing supervisory duties.
These Claims Add Up Fast
Even a few months of working 50-hour weeks can add up to substantial amounts of lost overtime pay. Many of these wage and hour cases involve years' worth of unpaid overtime. At Kennard Law, P.C., our attorneys take care to pursue the full value of every claim.
Talk To An Employment Law Attorney
Discuss your claim with one of our experienced employee misclassification attorneys in Houston by calling us at (855) 499-4514. Se habla español. With offices in Houston, Austin, San Antonio, Southern California, Rio Grande Valley, El Paso, and Washington D.C.
Board-Certified in Labor and Employment Law
Our founding attorney, Alfonso Kennard Jr. is board-certified in labor and employment law by the Texas Board of Legal Specialization.
When you hire us, you work directly with your lawyer, who will spend time learning about your situation and goals. Your case will not be passed off to a paralegal.
We Used to Represent Large Companies; Now We Represent You
Having represented Fortune 500 companies in the past, this places us in a unique position to provide valuable insight when representing workers.
Dedicated to Protecting the Rights of Employees
We understand you have probably never faced a matter like this before. Our attorneys are dedicated to guiding and protecting you through this. You will always remain involved and informed as your case moves forward.
Cost-Effective and Accessible
For potential clients who would like to consult with us but are unable to come to our office, we are now offering phone and video consultations for your convenience.
At Kennard Law, P.C., client satisfaction is of utmost importance. You don't have to take our word for it. Read what past clients have to say here!