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Austin Employee Misclassification Attorney

A Trusted Resource For Employees' Rights Matters Throughout Texas

At the Law Offices of Kell A. Simon, I help employees across the state assert their rights in matters related to unpaid overtime and similar issues that arise as a result of employee misclassification. Our clients receive personal attention from attorney Kell Simon, who is certified as a labor and employment law specialist by the Texas Board of Legal Specialization and who has spent more than 15 years fighting for his clients' interests. I maintain offices in Austin, Houston and Dallas for our clients' convenience.

I have compiled answers to some of the most frequently asked questions related to employee misclassification, and I invite you to contact us for a free consultation to get additional answers based on your particular circumstances.

What Is The Difference Between An Employee And An Independent Contractor?

Employees are subject to a great degree of control on the part of an employer. Independent contractors have much more leeway in their work and are responsible for their own tax reporting and related issues. Employers go to great lengths to classify — sometimes improperly — workers as independent contractors, because doing so shields companies from tax-related requirements and liability for workers' actions. Specific provisions in Texas law determine whether a worker should be an employee or an independent contractor, so an employer's assertion that you are an independent contractor is not determinative.

What Do Exempt And Nonexempt Mean?

Exempt employees are not eligible to receive overtime pay. Nonexempt employees receive their normal hourly pay and must be paid at least 1½ times their hourly rate for each hour of overtime they work. Unfortunately, it is all too common for employers to treat nonexempt employees as though they are exempt in an effort to protect the company's bottom line.

Does A Job Title Or Job Description Automatically Make Me Exempt?

No. Many employers create job titles and job descriptions in ways that do not accurately reflect the true nature of the work. Whether you should be considered an exempt or nonexempt employee is determined by what work you are actually expected to do, not just what your job title or job description says.

Get A Free Consultation With An Employee Misclassification Attorney

Call our firm at 512-898-9019 to arrange a free consultation with lawyer Kell Simon. Kell will provide you with the additional answers and advice you need to understand all of the legal options available to you.